KBY Blog

A reflection on labor and employment laws and issues and their impact on the future.


Get Ready for a New Conversation

With the passage of California SB 358, signed by Governor Brown on October 6, California employers will need to begin preparing for a new conversation with their employees about gender pay equality in the coming year.  California’s existing Equal Pay Act, found at Labor Code § 1197.5, has been substantially strengthened by the Legislature.  The […] Continue reading

Abandoning The Billable Hour Crutch

Associates in law firms almost universally bemoan billable hour requirements. It’s frequently cited as the No. 1 thing attorneys hate about the practice of law. Yet, weaning young professionals from the billable hours performance metric can be a challenge. Why?

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Are Employee Reviews Really A Good Idea?

Recently, a former Fortune 500 Human Resources Director was interviewed about employee performance reviews. Her advice: Do away with them.

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Travel Time – To Pay or Not To Pay?

Employers are often unsure as to whether they must pay nonexempt employees for travel time. Most employers are aware that they generally do not have to pay employees for normal travel from home to work and back. However, the issue becomes more difficult when nonexempt employees travel to various customer locations, trade shows, client meetings, […] Continue reading

EPLI Coverage and Typical Exclusions

Employment Practices Liability Insurance (EPLI) coverage typically covers a claim that the named insured(s) (usually the employer) has become legally obligated to pay. There are two main forms of policies. A claims-made policy covers claims reported during the policy period (which will be identified in the policy itself). An occurrence policy requires that the act […] Continue reading

Ninth Circuit Affirms California Restriction on Arbitration Agreements

On September 28, 2015, a divided Ninth Circuit Court of Appeal upheld California’s ban on PAGA waivers in arbitration agreements. Sakkab v. Luxottica Retail N. Am., Inc., No. 13-55184, 2015 WL 5667912 (9th Cir. Sept. 28, 2015). The 2 to 1 decision held that the ruling of the California Supreme Court in Iskanian v. CLS […] Continue reading