Monthly Archives: December 2012

Significant Changes To the California Fair Employment And Housing Act in 2013


Significant Changes To the California Fair Employment And Housing Act in 2013

California Department of Fair Employment and Housing

In a compromise to deal with California’ budget issues, Governor Brown signed a budget trailer bill (S.B. 1038) that significantly changes the way the employment (and housing) complaints will be handled by the California Department of Fair Employment and Housing (DFEH). Recently, Bloomberg BNA asked me to write about and analyze some of these changes. The most significant include:

  • The elimination of the Fair Employment and Housing Commission
  • The creation of the Fair Employment and Housing Council (whose primary role is rulemaking)
  • The authorization for the DFEH to file cases directly in court, and to recover reasonable attorney’s fees and costs when it prevails in court, and
  • The establishment of mandatory dispute resolution before the DFEH proceeds to court.

My attached White Paper provides a more complete description of these changes, and analysis of what it means for California employers. This White Paper was distributed to to subscribers of Bloomberg BNA’s “HR Library” and “HR Decision Support Network,” but I have attached it to this email free of charge for clients, colleagues and friends.

White Paper: New for 2013: Significant Enforcement Changes to California’s FEHA. Please do not hesitate to contact me should you have questions about how to defend your company within the new DFEH framework.


Employers and Employees Should Be Careful About Personal Mobile Devices In The Workplace


Employers and Employees Should Be Careful About Personal Mobile Devices In The Workplace

What are your policies about using personal mobile devices in the workplace?

Have you, or someone you know, recently bought a personal mobile device (iPad, iPod, Smartphone, Android Tablet, etc.)? Do you plan on giving (or hope to receive) such devices during the upcoming holidays? If so, you are like millions of others in the country.

Employers: are you prepared for the continued increase of employees with personal social media devices?

Employees: are you planning to use your personal mobile devices in the workplace, or to bring your devices to work, and if you so, what issues do you face?

Employers should take steps now to implement new, or revisit old, policies to address the continuing influx of personal mobile social media devices. Some of the issues focus on data/security breaches, wage and hour issues, and ensuring policies are as state-of-the-art as the technology the policies deal with. Employees should thoughtfully consider if they wish to use personal devices for work purposes, or to even use such devices at the workplace. In my article titled “More Employees With Personal Mobile Devices Means More Problems In The Workplace” I examine a few of these important issues.

Continue to stay updated on these, and similar, important issues by reading my monthly contributions on Social Media and Employment Law at Windmill Networking, and by following my posts here as well.