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Environmental, Social, and Governance (“ESG”) principles are becoming increasingly prominent tools for managing risk and creating value in the corporate world. ESG-focused decision making can define business priorities that support a company’s financial goals and long-term enterprise sustainability. ESG-focused leaders can help companies identify business risks and opportunities, then implement and maintain responsive, responsible, and measurable forward-looking business practices.

While the “E” and “G” in ESG have received much attention, the “S” factor is also significant for leading sustainable organizations. And employees, current and future, are important elements of the social aspect.

Identifying the business risks and opportunities within the social aspect of ESG includes looking at a company’s treatment of its employees (for example, education, advancement, compensation), its diversity, equity, and inclusion policies and practices, and its discrimination and harassment policies and practices. Businesses that rely on recruiting and retention of a human workforce face the risks of securing a strong team, maintaining it, and creating a pipeline of suitable workers. These same businesses can create opportunities to mitigate those risks with practices and policies that support a healthy workplace and prepare a pipeline of future employees. …

Continue Reading Employment Law in an ESG World: The Activision Blizzard Story

Introduction

With its decision in Adolph v. Uber Technologies, Inc. (“Adolph”) the California Supreme Court has reignited the debate surrounding arbitration agreements containing waivers of an employee’s right to bring a representative action under California’s Private Attorneys General Act (“PAGA”).  This ruling, which challenges the earlier decision by the U.S. Supreme Court in Viking River Cruises, Inc. v. Moriana (“Viking River Cruises”), marks a significant shift back in favor of employees and their ability to pursue PAGA claims notwithstanding the existence of a written waiver. …

Continue Reading Driving the Narrative: California Supreme Court’s Adolph v. Uber Technologies Decision Shifts Gears, Challenging U.S. Supreme Court’s Viking River Cruises v. Moriana Holding

On September 18, 2022, Governor Gavin Newsom signed AB 2188 into law, which prohibits employers from taking any adverse employment action against an employee in conjunction with an employee’s off-duty marijuana use.

AB 2188 makes it unlawful for employers to “discriminate against a person in hiring, termination, or any term or condition of employment” for…

As Oregon’s April 2022 snowstorm becomes a distant memory, it’s time for some spring cleaning of employer leave policies. There are two recent changes that may require updates to your employee handbook. 

Oregon Paid Sick Leave—Expanded to Account for Evacuation Orders, Poor Air Quality, and Heat. 

BOLI recently adopted, effective April 1, 2022…

2021 was another important year for California employers.  From decisions by the California Supreme Court regarding employees’ rights to premium pay for missed meal and rest breaks, to legislation expanding the scope of protected leave for California employees, to new laws dealing with the ongoing pandemic, 2021 had something to offer for everyone.  This blog…

The latest COVID-19 surge driven by the Delta variant has caused many employers — not the least of which are health care employers — to revisit mandatory vaccine requirements for employees.  While many health care systems around the country already have mandated that their employees be vaccinated against COVID-19 as a condition of employment, a…

The Utah State Legislature is currently considering legislation that would significantly limit the use of non-compete agreements in Utah.  Senate Bill 46 (SB 46) has passed the Senate and received a favorable recommendation from the Utah House Business and Labor Interim Committee.  The bill adds to restrictions the Utah State Legislature enacted in 2016, which…

In case you missed it (did anyone miss it?), President Joe Biden was sworn into office yesterday.  Although workplace issues are hardly the only pressing item on the new President’s agenda, employers should be prepared for the rollout of additional employee protections under the Biden administration.

Priorities That President Biden Has Already Announced

Extending and …