July - 2017

California Expands Protections for Transgender Employees

California Expands Protections for Transgender Employees

The California Fair Employment and Housing Council recently amended its regulations to expand protections for transgender employees. The amendments primarily address access to workplace facilities and when an employer can ask for information about an employee’s sex. The changes were effective July 1, 2017. The amended regulations require employers to provide equal access to comparable, safe and adequate facilities, without regard to an employee’s sex. “Facilities” include res

Dillingham & Murphy Successfully Defeat Misclassification Claims

Bill Murphy and associate Anna Nagornaia recently obtained full refunds of taxes and other assessments made by the California Employment Development Department (“EDD”) against clients United States Tennis Association (“USTA”) and United States Tennis Association – Player Development (“USTA-PD”). The EDD’s assessments were based on the alleged “misclassification” of coaches who attended or taught at tennis camps and provided other occasional services as “employees”. The EDD c

More Detention for California Employers:
New Limits on Rejecting Candidates with Criminal Convictio

More Detention for California Employers: New Limits on Rejecting Candidates with Criminal Convictio

A new California Fair Employment and Housing Council regulation on considering criminal history in employment decisions became effective July 1, 2017. The regulation draws heavily from the EEOC Enforcement Guidance on Consideration of Arrest and Conviction Records in Employment Decisions but, in typical California fashion, is also different. The Enforcement Guidance was based on national statistics showing that African-Americans and Hispanics were more likely to have a crimin

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