An employee handbook is a key element in ensuring compliance with employment law. Its purpose is to familiarize employees with basic company policies and benefit programs, as well as the general expectations of the company. Handbooks can serve as a proactive measure to help an employer meet certain legal notice requirements. In some circumstances, handbooks can be viewed as creating or contributing to a contractual arrangement with the employee, so maintaining professionally guided employee handbooks with legal expertise is paramount in protecting an employer’s best interests.
Audrey E. Mross
Co-Chair - Employment and Labor
James H. Berry Jr.
Co-Managing Partner - Los Angeles
Kate LaQuay
Partner
Connie D. Powell Nichols
Partner
James H. Berry Jr.
Co-Managing Partner - Los Angeles
Teresa Hudson
Principal Attorney
Kate LaQuay
Partner
Michael A. McCabe
Co-Chair - Litigation
Jessica M. McGlynn
Partner
Lauren L. Mitchell
Partner
Audrey E. Mross
Co-Chair - Employment and Labor
Connie D. Powell Nichols
Partner
In the News
Employer COVID-19 Vaccination Mandates: Yes or No?
The first question was answered by the Equal Employment Opportunity Commission (EEOC) years ago, in its response to employer queries about mandatory annual flu vaccinations. Employers were told they could condition new or continued employment on being vaccinated but may need to accommodate individuals who refused for disability or religious reasons. On the disability side,
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In the News
MWM Labor and Employment Client Alert – Coping with COVID-19
Business Closing Mandates Check websites for your local (city and county) and state governments to identify which businesses have been told to shut down and whether residents are being told to “shelter in place.” Is it an executive order or mandatory restriction or merely a recommendation? Restaurants and bars have been the focus of mandates
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Press Releases
Munck Wilson Mandala Named a 2020 Inc. Best Workplace; Only Full-Service Law Firm Recognized in the Nation
Collecting data from more than 3,000 submissions, Inc. singled out 395 finalists nationally for this year’s list. Each nominated company took part in an employee survey on topics including trust, management effectiveness, perks, and confidence in the future. Inc. gathered, analyzed, and audited the data. The strongest engagement scores came from companies that prioritize the
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Press Releases
Eight Munck Wilson Mandala Attorneys Honored as Best Lawyers in Dallas
Mandala, Ray and Kaliser are members of MWM’s corporate practice. Mandala is a name partner and member of the executive committee and chairs MWM’s corporate practice. Ray and Kaliser are both partners in the corporate practice. Martinez is a senior partner in MWM’s complex litigation/dispute resolution practice. She is a trial attorney with a versatile
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Press Releases
Eight Munck Wilson Mandala Attorneys Named Best Lawyers in America
The Best Lawyers in America© list is compiled annually through peer-review surveys among tens of thousands of leading lawyers. If the votes for an attorney are ample for inclusion in The Best Lawyers™, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay
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Press Releases
Munck Wilson Mandala Welcomes Okon Hannagan Attorneys and Staff
“Melanie and Susan have impressive litigation experience and they embody our goal of attracting the best legal talent to represent our clients,” said managing partner William Munck. “We are excited to have the entire OH team join us and know they will bring fresh perspectives and energy that will enhance our complex litigation and employment
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Press Releases
Five Munck Wilson Mandala Partners Honored as Best Lawyers in Dallas
Munck is the managing partner of MWM, a member of the executive committee, and he chairs the firm’s intellectual property practice. He has led MWM since the late 90s and grown the firm from six lawyers to 70 lawyers with three offices in Texas—Dallas, Austin, Marshall, and a Los Angeles office. Munck received his J.D.
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Press Releases
Munck Wilson Mandala’s Audrey Mross Selected as a 2019 Alumni Fellow of Kansas State University
“We are very happy for Audrey and congratulate her on this honor,” said William Munck, managing partner of MWM. “Audrey’s commitment and involvement in the many organizations that support alumni, students, and faculty at Kansas State University demonstrate her sincere passion and dedication to her alma mater.” At Munck Wilson Mandala, Mross is a partner
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Press Releases
16 Munck Wilson Mandala Partners Named Texas Super Lawyers
The 2018 list of Texas Super Lawyers (Thomson Reuters) will be published in the October issue of Texas Monthly. The annual Texas Super Lawyers list honors Texas’ top lawyers based on surveys of more than 57,000 active attorneys across the state. The final list is estimated to be only five percent of Texas’ licensed attorneys. The following
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Press Releases
Munck Wilson Mandala’s Michael McCabe Selected as a Best Lawyer in Dallas
Among his peers, McCabe is consistently honored as a top lawyer in employment law and litigation. Annually he is selected as a Texas Super Lawyer and he has been listed among the Top 100 Super Lawyers in Texas and Top 100 Super Lawyers in DFW since 2014. McCabe has also been listed as a Best
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Press Releases
16 Munck Wilson Mandala Partners Named Texas Super Lawyers
Dallas, TX, Sep. 5, 2017 —– 16 partners from law firm Munck Wilson Mandala have been selected as Texas Super Lawyers for 2017. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Produced and managed by Thomson Reuters, the selection
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Press Releases
Six Munck Wilson Mandala Partners Named Best Lawyers in America
The Best Lawyers in America list is compiled annually by conducting peer-review surveys among tens of thousands of leading lawyers. If the votes for an attorney are ample for inclusion in Best Lawyers, that attorney must maintain those votes in subsequent polls to remain on the list for each edition. Lawyers are not permitted to pay
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Client Alerts
California’s Supreme Court Broadly Interprets “Standing” to Assert Representative PAGA Claims
PAGA, enacted in 2004, permits an employee who has suffered a violation of the Labor Code to act as the agent of the state – deputized, in effect, to enforce the Labor Code on the state’s behalf. If the employee satisfies certain administrative requirements, the employee can pursue claims for penalties for violations the employee
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Client Alerts
California Weighs Making Fast Food Franchisors Liable for Employment Law Violations Affecting Employees of Franchises
If signed into law, Assembly Bill 1228 (the “Fast Food Franchisor Responsibility Act”) would add to the Labor Code Section 2810.9, making covered fast food franchisors jointly responsible (with the franchisee) for the franchisee’s violations of specified laws, rules, and regulations. For example, the franchisor would share liability for violations of the state’s Fair Employment and Housing
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Client Alerts
California Compliant: Countdown to California Minimum Wage Increases
On January 1, 2023, California’s statewide minimum wage increased to $15.50/hour for all employers. But starting July 1, 2023, employers in every city and municipality listed below will be required to pay more than the state’s required minimum ($15.50/hour) due to local laws requiring higher hourly rates. Employees in the city of West Hollywood, for example, must be
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Client Alerts
California Compliant: Court Orders Delay in Enforcement of the CCPA
The CCPA (Civil Code Section 1798.100, et seq.) requires California businesses to inform consumers about the collection and use of the consumer’s personal information. The Act prohibits businesses from collecting, using, retaining, or sharing such information except to the extent “reasonably necessary and proportionate to achieve the purposes for which” the information is obtained. The legislature
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Client Alerts
California Compliant: Are California’s Wage Orders About to Be Re-Written?
Many of the specific wage and hour requirements that California employers must follow are set forth in industry-specific “Wage Orders.” The current Wage Orders, which are available at https://www.dir.ca.gov/iwc/wageorderindustries.htm, were drafted more than 20 years ago by the IWC. The IWC, which was created by the Legislature as part of the Department of Industrial Relations (DIR),
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Client Alerts
CALFORNIA COMPLIANT: Top Ten New Year’s Resolutions for California Employers in 2023
California employers may be challenged to fulfill their New Year’s resolutions in 2023, which has brought significant changes in various California labor and employment laws. Some of the most widely applicable new laws that will impact the workplace in 2023 include: Given that California law provides that overtime-exempt employees must receive a salary of at
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Client Alerts
PAGA v. PAGA – When Plaintiffs in Multiple, Overlapping PAGA Lawsuits Want “A Seat at the Table”
To avoid fighting the same war on multiple fronts, employers often seek to resolve one of the lawsuits in a way that will bar the others from going forward. A recent decision of a panel of the First District of the California Court of Appeal in Accurso v. In-N-Out Burgers (No. A165320, Aug. 29, 2023) may make
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In the News
As the Heat Index Rises, Standards for Keeping Employees Cool May Also Change
Written as a column for Daily Journal by MWM’s Kate LaQuay and Sahar Shiralian The dog days of summer are almost over, which is cause for celebration for many Californians. Recent historic heat wave were likely the sizzling inspiration for a new proposed regulation establishing a heat illness standard for indoor work areas. On Aug.
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Client Alerts
California Compliant: Imminent Increase in Requirement to Provide Paid Sick Leave to California Workers
Employees’ Accrual & Use of Paid Sick Time, Historically Since 2015, California has required employers to provide employees a limited amount of paid sick leave. The entitlement to paid sick leave is set forth in Labor Code Sections 245.5, 246 and 246.5. These statutes broadly define “employer,” for this purpose, as including any person (or
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Client Alerts
California Compliant: New Changes for Considering Conviction History in Making Employment Decisions
Nothing in the FCA prevents a covered employer from obtaining an applicant’s conviction history after making that person a conditional offer of employment. Once a conditional offer has been made, the employer can run a background check or ask the applicant directly about a history of convictions. But employers that learn of a criminal conviction
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Client Alerts
California Compliant: New Rules to Record and Investigate Violence in California Workplaces
What is “Workplace Violence”? SB 553 defines “workplace violence” as “any act of violence or threat of violence that occurs in a place of employment.” Workplace violence can include, for example: use of, or threats of, physical force against an employee; and use of, or threats of, a firearm or other “dangerous weapon.” It does
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Client Alerts
California Compliant: Don’t Forget the Freelancers: Los Angeles’ Expanded Protections for Freelance Workers
Who is Covered? Hiring Entities and Freelance Workers The Ordinance applies to “hiring entities,” which are entities regularly engaged in business or commercial activity. Specifically, a hiring entity “owns or operates any trade or business, including a not for profit business, or represents itself as engaging in any trade, or business.” The Ordinance carves out
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Client Alerts
California Compliant: Governor Declares That FEHA Already Prohibits Discrimination Based on “Caste” and Therefore Vetoes SB 403
Co-sponsors of SB 403 argued that “[c]aste may not be as visible as race to the California legislature, but it is a longstanding system of exclusion…”. Notably, the Legislature declared that SB 403 should not “be construed to mean that discrimination on the basis of ancestry does not already include discrimination on the basis of
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Client Alerts
California Compliant: California Workers Entitled to Leave for “Reproductive Loss” Beginning January 1st
Employees’ Existing Right to Take Bereavement Leave Last year, the Legislature amended the California Family Rights Act (CFRA, Government Code Section 12945.2, et seq) to grant eligible workers the right to take unpaid leave after the death of a family member. Government Code Section 12945.7, which became effective on January 1, 2023, requires companies employing
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Client Alerts
California Compliant: California Adds Teeth to Prohibitions Against Non-Competes
What Is a Prohibited Non-Compete Agreement? As a matter of public policy, California favors an open market for workers, so that they may move from one business to another as they choose. Although some states (at least for now) permit individuals and businesses to enter into contracts that “reasonably” restrict the individual’s right to work
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Press Releases
Munck Wilson Mandala Ranked Among 2024 Best Lawyers “Best Law Firms”
In Dallas, MWM ranked as a Best Law Firm® in commercial litigation, copyright law, corporate law, employment law/management, insurance law, labor law/management, litigation/construction, litigation/intellectual property, litigation/labor and employment, litigation/patent, mergers and acquisitions law, patent law, sports law, technology law, trademark law, and venture capital law. In Austin, MWM ranked as a Best Law Firm® in
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Client Alerts
California Compliant: When Workplace Rules May Be “Unfair Labor Practices”
Subjects Often Covered by “Workplace Rules” Most employers develop and distribute standards, rules, or a code of conduct applicable to their employees. Communicating written expectations for workplace conduct (whether as part of an Employee Handbook, or a standalone document) benefits both employees and employers. In a perfect world, employees understand (and avoid) behavior that might
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Client Alerts
California Compliant: California Trailblazes with Two New Employment Laws Protecting Employees’ Off-Work Use of Cannabis
Assembly Bill 2188 / Prohibition of Employment Discrimination Based on Off-Work Use Until now, California employers have been permitted to reject applicants, or discipline employees, based on their use of marijuana – even if that occurred during non-work hours and away from the workplace. The state Supreme Court confirmed in 2008 that voters’ efforts to
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Client Alerts
California Compliant: The Year in Review – Changes to California’s Employment Laws
1. Expansion of the Entitlement to Paid Sick Leave. Beginning in 2024, California workers will be entitled to take more days of paid sick leave each year. Senate Bill 616 amended Labor Code Sections 245.5 and 246 to increase employees’ minimum rate of accrual of paid sick time to 40 hours, or five days, each
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Client Alerts
California Compliant: New Resources for Drafting Workplace Violence Prevention Plans
Background – Senate Bill 553 Senate Bill 553 (SB 553) amended Labor Code Section 6401.7 and added new Labor Code Section 6401.9. The bill expanded employers’ obligations with respect to the prevention of workplace injuries by adding a requirement to create a written plan specifically designed to prevent and record instances of “workplace violence.” A
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Client Alerts
California Compliant: Changes to California’s Requirements for Reporting of Pay Data
Background – Pay Data Reporting According to the CRD, California’s legislature imposed pay data reporting requirements to “encourage [] employers to self-assess pay disparities along gendered, racial, and ethnic lines in their workforce and to promote voluntary compliance with equal pay and anti-discrimination laws.” The state’s Fair Employment and Housing Act prohibits discrimination “in compensation
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Client Alerts
California Compliant: Hiring Workers Just Got More Complicated in California
Background – California’s Fair Chance Act and the City of LA’s Fair Chance Ordinance California’s Fair Chance Act (FCA, Government Code Section 12952) restricts both the time when and extent to which employers can consider a person’s conviction history in making employment decisions (read more here). Among other things, the FCA prohibits covered employers from:
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Client Alerts
California Compliant: California’s Supreme Court Reiterates Standard for Resolving Whether Time Spent for Security Checks Is “Hours Worked”
“Hours Worked” and California’s Various Wage Orders One reason wage and hour questions can be complicated in California is that the state has seventeen different Wage Orders. Most of the Wage Orders relate to specific industries or occupations, with a catch-all for “miscellaneous employees.” Guidance from the state’s Division of Labor Standards Enforcement explains how
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Client Alerts
California Compliant: The “Fix PAGA” Initiative: Employers’ Last Hope to Curb PAGA Abuses
Overview of PAGA and its Impact on Employers PAGA (Labor Code Section 2698, et seq.) permits workers who have suffered a violation of the Labor Code to act as the agent of the state, deputized to enforce the Code on its behalf. PAGA lawsuits are “representative actions,” and so a PAGA plaintiff can seek to
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In the News
Refresher On Employee Qualifications For Summer Interns
Nearly half of all college students complete an internship before they graduate, according to a 2023 Gallup Inc. report.[1] But internships can create special legal risks for employers. Permitting students to join your workforce as interns for a limited period offers them a valuable opportunity to gain real-world experience. Businesses can benefit, too, from having extra help
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Client Alerts
California Compliant: What Is a “Fair Work Week” and Why Does It Matter?
What are Employers’ Obligations When a “Fair Work Week” is Required? Fair work week requirements vary by jurisdiction, but they often obligate employers to: Some jurisdictions require employers to offer additional hours to current employees before hiring more workers. Which Jurisdictions in California Have “Fair Work Week” Mandates? California’s legislature has not required predictable scheduling
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Client Alerts
California Compliant: At Last! Negotiated Reform of California’s “Job-Killing” Private Attorneys General Act
The Bargain – Legislative Reform of PAGA The deal hinges on two pieces of proposed legislation becoming law. Each bill includes a fail-safe, so it would only become effective if the other one does, also. Assembly Bill 2288 and Senate Bill 92 (the PAGA Reforms) would amend Labor Code Sections 2699, 2699.3, and 2699.5. On
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Client Alerts
California Compliant: Upcoming Changes to California’s Civil Rights Laws?
What is Intersectional Discrimination? According to the bill’s authors (Senators Lola Smallwood-Cuevas and Maria Elena Durazo), “[i]ntersectionality is an analytical framework that sets forth that different forms of inequality operate together, exacerbate each other, and can result in amplified forms of prejudice and harm.” Earlier this year, I wrote about cases discussing intersectional employment discrimination
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Client Alerts
AI Hiring Bias and the Workday Class Action: Wake-Up Call for Employers
New Scrutiny of an Old Problem According to an IBM survey from 2023, 42% of companies use AI screening to improve recruiting and human resources,” with another 40% considering its implementation. AI-assisted hiring software offers the potential for reward (efficiency in business operations) but carries with it the risk of legal exposure. Although AI tools
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Client Alerts
California Compliant: Remote Employee Files PAGA Lawsuit for Time Spent Waiting on Computer
“Hours Worked” to Start a Computer, Enable/Launch Applications, and Log In California requires employers to pay non-exempt workers (those who are overtime-eligible) for all “hours worked.” The state’s wage orders generally define “hours worked” as “the time during which an employee is subject to the control of an employer, and includes all the time the
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Press Releases
29 Munck Wilson Mandala Lawyers Named to 2025 Best Lawyers List
Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers based on professional expertise and undergo an authentication process to make sure they are in current practice and in good standing. MWM is proud to have lawyers listed in Austin, Dallas, Houston, and
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Press Releases
18 Munck Wilson Mandala Lawyers Named 2025 Ones to Watch List
Munck Wilson Mandala is pleased to announce that 18 lawyers have been included in the 2025 edition of Best Lawyers: Ones to Watch, a publication that recognizes up-and-coming attorneys for their outstanding professional excellence in private practice. The majority of the MWM attorneys featured on this year’s list have been named to the list previously
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Client Alerts
Grok 2: Musk’s AI Model Sparks IP and Copyright Concerns
In a bold move, Elon Musk’s X, formerly Twitter, has released Grok 2, a large language model and AI image generator with very few safeguards. This latest update to X’s chatbot allows premium users to generate nearly any image they can imagine – including deepfakes, copyrighted characters, and potentially offensive content. Musk presents this as
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Client Alerts
Illinois Regulates Employers’ Use of AI in Decision-Making
Employers are increasingly embracing artificial intelligence (AI) tools for recruiting and supervising employees. Those who do so should consider the applicable laws and potential legal risks. For example, Illinois recently passed legislation requiring employers to notify employees about the employer’s specific uses of AI. Illinois Governor JB Pritzker signed House Bill 3773 (HB 3773) into
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Client Alerts
Texas Judge Blocks FTC’s Ban on Noncompetes, But Appeals and State Action Are Ongoing
In April 2024, the Federal Trade Commission issued a broad rule banning most noncompetes in for-profit businesses, subject to limited exceptions, including an exception for senior executives (defined as workers earning more than $151,164 annually who are in policymaking roles). Existing noncompete agreements would not need to be formally rescinded under the ban, but employers
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Client Alerts
California Compliant: California’s Courts Broadly Apply Ending Forced Arbitration Act to Claims Other Than Those for Sexual Assault/Harassment
Background – the Ending Forced Arbitration of Sexual Assault & Sexual Harassment Act Among the many federal legislative responses to the #MeToo movement was Public Law 117-90, a bipartisan bill that added a provision to the FAA (9 U.S.C. § 1, et seq.). New Section 402 grants a victim of sexual assault or sexual harassment the
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