Federal ban on nondisclosures for sex-based claim could be just a first step

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by Sonya Goodwin

If victims of sexual assault avert further harm by making their stories public, the same should be true for minorities and the disabled, whose testimony could also stop perpetrators from targeting new victims.

Ever since the “Me Too” movement started, Congress has slowly acted to protect victims of sexual harassment. For example, last year it enacted H.R. 4445 – the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The law bans forced arbitration for claims of workplace sexual assault and harassment. Then, on Sept. 29, the Senate approved S.4524 – the Speak Out Act – by voice vote. It was lauded as yet another acknowledgment of the ongoing impact of #MeToo in the workplace.

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Wage statement audits could be well worth the price

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by Sonya Goodwin

Wouldn’t it be better if companies could get things right before being sued by their employees? It’s certainly possible. An audit by legal counsel would quickly identify errors and omissions, helping companies correct errors before it’s too late.

When a unanimous California Supreme Court ruled in May (Naranjo v. Spectrum Security Services, (2009) 172 Cal.App.4th 654, 660, that premium wages for rest and meal periods were to be considered “wages” under California law, it took many employers by surprise. But it should have been no surprise to my employer clients. For the past few years, I have counseled them repeatedly that they need to reflect these premiums on their wage statements.

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Caregiving Could Be the Next Protected Class: Sonya Goodwin’s article for The Recorder

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by Sonya Goodwin

What a difference a pandemic makes. Since March 2020, the federal government, state of California and various local jurisdictions have implemented varying forms of protections for employees who were unable to work because they had to care for a child or family member due to illness or school/child care closures related to the coronavirus. While many of these protections expired in 2021, California reinstated limited protections until Dec. 31.

But long before offices across the state were shuttered and workers learned to telecommute to their jobs, San Francisco expected companies to facilitate alternative work arrangements for employees with family obligations. In 2014, San Francisco showed remarkable foresight when it enacted the Family Friendly Workplace Ordinance. The ordinance called upon employers to address the unique needs of workers with family obligations, providing accommodation to parents juggling childcare duties and workers caring for elderly parents.

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COVID workplace rules can be confusing: a guide for employers

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by Sonya Goodwin

With the Omicron variant moving through California workplaces at an alarming rate, employers have been scrambling to keep fully staffed without running afoul of workplace safety regulations. But there are so many rules in place right now that it’s almost impossible for companies to keep track of their legal obligations.

There are federal laws, state rules, and in many cases local rules, all targeted at managing a COVID-exposed workforce. When the U.S. Supreme Court shot down the Occupational Safety and Health Administration’s emergency temporary standard last month (National Federation of Independent Business et al. v. OSHA et al. (https://www.dailyjournal.com/dar/278710-national-federation-of-independent-business-v-occupational-safety-and-health-administration), 2022 DJDAR 529 (Jan. 13, 2022)), many California employers may have believed themselves free of vaccine, testing and mask mandates. Not so.

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Settling can be good

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by Sonya Goodwin

Enter Resolve Law LA, a little-known program offering another approach. Using judge-ordered mandatory settlement conferences, the Los Angeles County Superior Court program provides an opportunity for litigants to settle their cases before they go to trial. There is no cost to litigants, and roughly half of the cases referred to the program end up settling before trial.

The COVID pandemic has completely changed the practice of law. From Zoom client meetings to remote depositions, we’ve all become comfortable with working differently and moving at a different pace. But for our clients, many of whom have waited an inordinate length of time to get their cases resolved, there is no such comfort.

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