KBY Blog

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


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

Trends: The Sick Leave “Virus”

Laws mandating paid sick leave for employees are spreading like a virus, both inside and outside of California, mutating into different strains as they go. “Ground Zero” was San Francisco’s 2007 municipal ordinance requiring employers within the city to offer paid sick leave benefits. Recently, other California cities such as Oakland and Emeryville, have followed […] Continue reading

Which Came First? The Tech Boom or Wage and Hour Claims Boom?

During the heady days of the internet revolution, news stories abounded about young receptionists who became millionaires overnight when their stock options turned to gold. But something else was quietly happening that would have and continues to have a profound impact on California employers.

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