Fenton & Keller - Fenton & Keller, Attorneys at Law

Social Media in the Workplace

Question: I heard that one of my employees is posting about another employee on social media. This is outside of work, but is this something I should monitor?

Answer: Yes, you should monitor the situation, especially if the employee complains to you about the posts. While social media provides opportunities for communication and networking, it can also blur the lines between personal expression and harassment in the workplace. When employees use social media to target, harass, or intimidate others, it can foster a hostile work environment. Such actions, whether intentional or not, can be considered harassment and have consequences for both the individuals involved and the organization. Given these challenges, it is important to understand how misuse of social media can escalate to harassment and the steps organizations must take to prevent and address these situations.

The case of Okonowsky v. Merrick Garland highlights this issue. In this case, a staff psychologist at a federal prison claimed that her co-worker’s sexually inappropriate social media posts created a hostile work environment. Despite reporting the issue to her employer, no action was taken. The employee then resigned and filed a lawsuit.

Initially, the trial court ruled in favor of the prison finding that because the conduct did not occur in the workplace, the posts were made on a personal account, and the posts were not shared or discussed with the plaintiff at work, the posts did not constitute workplace harassment. The trial court reasoned that the posts did not rise to the level of severe or repeated harassment within the physical workplace. The trial court granted summary judgement in favor of the prison based on its finding that there was no legitimate issue regarding the plaintiff’s work environment being objectively hostile as a result of the social media posts.

The employee appealed the decision, and the U.S. Court of Appeals for the Ninth Circuit sided with the employee. The Ninth Circuit held that, under certain circumstances, social media posts outside of the workplace may influence physical workplace conditions and constitute workplace harassment. The court stressed that harassment is not confined to the physical workplace, as social media interactions can impact the work environment even if they occur offsite and outside of work hours. The court further noted that social media posts are permanent and accessible by anyone, and that offsite discriminatory or intimidating conduct remains relevant if it at all affects the workplace. The Ninth Circuit ultimately sent the case back to the trial court for a potential jury trial on the harassment claim.

The Equal Employment Opportunity Commission (EEOC) provides further guidance on this topic. In its guidance, the EEOC states that harassment that affects the work environment can occur even outside of the workplace, including through online communication. The EEOC notes that conduct does not have to occur in a work-related context to affect the terms and conditions of employment. Such conduct includes electronic communications using private phones, computers, or social media accounts, if it impacts the workplace.

The Okonowsky case demonstrates that employers can be held responsible for harassment that occurs outside of the workplace if it negatively affects the working environment, particularly when it involves social media or other forms of electronic communication. Employers must take complaints of harassment seriously, investigate them appropriately, and take action to address them. Employers with questions about specific situations that arise may contact their labor counsel.

by Fenton & Keller

NEW YEAR, NEW LAWS 2025

Presented By: Marco Lucido & Bradley Levang

The start of 2025 brings a wave of changes to California labor and employment laws that every employer should be aware of. In addition to the statewide minimum wage increase, some industries and regions are seeing unique adjustments that may require immediate attention. Below is a concise overview to help you prepare for the year ahead. For a more detailed discussion, be sure to check out the PowerPoint presentation available on our website.

One of the headline changes this year is the new statewide minimum wage for non-exempt employees. Effective Jan. 1, 2025, all California employers are required to pay workers at least $16.50 per hour. However, local ordinances across nearly 40 different cities and counties impose higher minimums—San Francisco’s rate has climbed to $18.67, and Los Angeles is set at $17.28, to name just two. These variations can be especially tricky if your workforce operates in multiple locations, so it’s crucial to stay updated on the local rules that might apply to your business.

Exempt employees have also been impacted. To qualify for an administrative, executive, or professional exemption in 2025, the annual minimum salary has risen to $68,640. Several categories of workers, such as computer professionals and physicians, are subject to specialized pay thresholds above and beyond the regular exempt salary level, so it’s important to verify that these employees meet the specific requirements laid out by law. Meanwhile, the newly established Fast Food Council has the authority to raise the fast-food worker minimum wage beyond the current $20 per hour, and the ongoing increases for healthcare workers—some of which took effect in October 2024—will continue to roll out at different intervals depending on the facility type and county jurisdiction.

Another new year essential is posting the correct official notices. The 2025 Minimum Wage Poster, published by the Department of Industrial Relations, must be displayed in a location accessible to employees. Employers also need to notify workers in writing whenever a pay rate changes—compliance with Labor Code section 2810.5 includes providing the updated wage information using the DIR’s “Notice to Employee” form. Failing to do so can leave your business exposed to expensive enforcement actions or private lawsuits.

Speaking of lawsuits, the Private Attorneys General Act (PAGA) remains a hot topic. Under this law, a single employee can bring claims on behalf of all similarly affected employees for alleged Labor Code violations, without having to go through the traditional class action certification process. This year, reforms spearheaded by the Governor’s office aim to introduce limits on who can bring suit and how penalties are calculated. Employers may have a chance to “cure” certain violations (like meal and rest break violations or miscalculated wages) by fully compensating employees for unpaid amounts plus interest, liquidated damages, and any reasonable attorney’s fees. Although curing violations might help an employer avoid litigation, the financial burden can be significant—so it’s vital to weigh the costs and benefits of this option.

In light of these legal updates, wage and hour audits are more important than ever. Common employer missteps—misclassifying employees as exempt, failing to provide legally required meal and rest periods, or neglecting overtime obligations—can expose a business to serious liability. Additionally, the rising use of artificial intelligence in hiring has captured the attention of the Equal Employment Opportunity Commission (EEOC). A pending case, Mobley v. Workday, Inc., has highlighted the potential for algorithmic bias, reminding employers they remain responsible for ensuring hiring technologies do not result in discrimination.

These changes and considerations are just the start. Navigating California’s legal landscape requires vigilance and proactive planning. If you want to dive into more detail about any of these topics—whether it’s PAGA reform or the ins and outs of local minimum wage ordinances—please visit our website and explore the comprehensive PowerPoint presentation prepared by our team.

Disclaimer: This newsletter provides a general overview and does not constitute legal advice. For guidance on how these laws apply to your specific situation, consult legal counsel.

by Fenton & Keller

Sara Boyns Now “Of Counsel” at Fenton & Keller

headshot portrait of Sara B. Boyns

We are pleased to announce that former shareholder, Sara Boyns, is continuing her legal career in an Of Counsel role at Fenton & Keller, focusing on workplace investigations, mediations, and workforce training. With more than 35 years of employment law practice and counseling experience, Sara is uniquely qualified to serve as a mediator, helping parties and litigants obtain fair and effective resolutions to legal disputes.

Sara is an experienced workplace investigator, a member of the Association of Workplace Investigators, and received a certificate from the Association of Workplace Investigators Training Institute. Sara is available to provide timely and cost-effective workplace investigations, and workplace training for employers, including state-mandated harassment prevention training.

Sara’s excellence extends beyond the courtroom. In 2023, Sara received the Tanya Antle Visionary Award from Girls, Inc. of the Central Coast for her outstanding community work, and the Lady Justice Lifetime Achievement Award from the Monterey County Women Lawyers Association, honoring her lifelong commitment to legal advocacy and community service.

At Fenton & Keller, we are incredibly proud of Sara’s accomplishments and dedication to justice and community impact. Congratulations, Sara, on your well-deserved recognitions, and we look forward to your future successes in your new Of Counsel role!

by Fenton & Keller

Newsletter June 2024

AI in the Workplace

By Marco A. Lucido

AI in the Workplace The rise of AI and the speed at which employers are implementing AI into the workplace have inspired federal and state regulators to enact new laws in this area. The U.S. Equal Employment Opportunity Commission (EEOC) recently issued guidance on the use of AI systems in a range of HR-related tasks. The main takeaway from this guidance is that an AI-driven process may inadvertently discriminate against protected groups. In its guidance, the EEOC puts the burden of compliance on employers, meaning an employer may be liable for the effect of an algorithm created by a third-party vendor.

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New Federal Salary Threshold for Exempt Employees: Impact on California Employers

By Ashley E. Cameron

New Federal Salary Threshold for Exempt Employees The recent changes to the federal salary threshold for classifying employees as exempt from overtime pay will have minimal impact on California employers. On April 23, 2024, the U.S. Department of Labor announced an increase in the federal salary requirements for exempt employees, effective July 1, 2024, with a further increase on Jan. 1, 2025. Despite these changes, California’s higher minimum salary requirements for exempt employees, currently set at $5,546.67 per month ($66,560 annually), remain in effect. To be properly classified as exempt, California employees must meet both the salary and specific job duties criteria, which are more stringent than the federal standards.

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New Model Template for Workplace Violence Prevention Plans

By Marco A. Lucido

New Model Template for Workplace Violence Prevention Plans Starting July 1, 2024, new Cal/OSHA rules require most businesses in California to establish a workplace violence prevention plan. The plan, which can be part of an existing Injury and Illness Prevention Program (IIPP) or a separate document, must be in writing, accessible to employees, and include specific procedures for reporting and responding to workplace violence, among other elements. Cal/OSHA published a model plan and fact sheet to assist employers, which can be accessed here.

In addition to creating the plan, employers must provide annual workplace violence training and maintain a log of all incidents of workplace violence, including details such as the date, location, description, and response.

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Happy Anniversary Fenton & Keller!

Happy one-year anniversary to Fenton & Keller's King City office at 218 Bassett St., Suite A! The grand opening on June 12, 2023, featured a ribbon-cutting ceremony, a special presentation from Sen. Anna Caballero’s office, local food, wine, office tours, and a meet-and-greet with our team.

Led by attorney and long-time South County resident John E. Kesecker, the office includes a reception area, four offices, a conference room, and a kitchen. John, Stefanie King, Kerry Kesecker, and Lesly Valdez are dedicated to serving the King City community, with John spending three to four days a week there. Fully networked with our Monterey office, we are proud to be a convenient local presence for South County residents.

“We are so proud to be part of the King City community,” said John. Here's to many more years of service!

Update on Worker Classification Rule

On Jan. 10, 2024, the U.S. Department of Labor published a final rule that impacts the classification of workers as independent contractors or employees. Effective March 11, 2024, this rule reinstates a pre-2021 multi-factor test under the Fair Labor Standards Act, replacing the simpler two-factor test. This change makes it harder to classify workers as independent contractors under federal law.

For California employers, this federal rule won't change the approach to classifying workers because California uses the stricter “ABC” test, pursuant to which workers must generally meet each of the following requirements to qualify as an independent contractor: (A) the worker is free from the control and direction of the hiring entity in connection with the performance of the work; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as that involved in the work performed. Multi-state employers should review their classification procedures to ensure compliance with both federal guidelines and state-specific standards.

by Fenton & Keller

Legal Information that Matters to You

Fenton & Keller Celebrates Opening of New Office in King City on June 12, 2023

Fenton & Keller opened its new law office in King City at 218 Bassett Street, Suite A, with an open house and ribbon-cutting ceremony on June 12.

The office opening was attended by more than 50 people and featured a special presentation from Sen. Anna Caballero’s office, food from a local taco truck [CONTINUE READING]

Meet Matthew D. Ferry

Matthew’s practice focuses on civil litigation, employment law, and personal injury matters. Matthew is a graduate of Monterey College of Law, where he received an award for Outstanding Academic Achievement and a Certificate of Recognition for his substantial contribution to the school’s community [CONTINUE READING]

Using Artificial Intelligence in the Workplace by Marco Lucido

Many employers are starting to use artificial intelligence (AI) systems to help their companies recruit, hire, and evaluate employees. Although the use of AI in employment is relatively new, employers still must ensure that their use of this new technology does not violate long-standing federal and state anti-discrimination laws. Under [CONTINUE READING]

Career Opportunities with Fenton & Keller

If you’re a qualified individual with a passion for the law and helping clients, our professional and collaborative team wants to hear from you. [CONTINUE READING]

by Fenton & Keller

Fenton & Keller Celebrates Opening of New Office in King City on June 12, 2023

Fenton & Keller opened its new law office in King City at 218 Bassett Street, Suite A, with an open house and ribbon-cutting ceremony on June 12.

The office opening was attended by more than 50 people and featured a special presentation from Sen. Anna Caballero’s office, food from a local taco truck, wine, tours of the office, meet-and-greet with the King City office’s team and a ribbon-cutting ceremony with the King City Chamber of Commerce & Agriculture and Salinas Valley Chamber of Commerce.

“It was a great event and we are so proud to be part of the King City community,” said John E. Kesecker.

The new office, led by attorney John E. Kesecker, has a reception area, four offices, a kitchen area, and a conference room. Initially, the King City office will be staffed by Kesecker, Stefanie King, and Lesly Valdez as well as Kesecker’s wife Kerry, who helped in establishing the new office. Mr. Kesecker intends to be in King City three to four days a week, with Ms. King and Ms.Valdez working there full time. The office will be fully networked with the Monterey office, from a technology standpoint.

John and Kerry Kesecker are residents of South County and he practiced in King City for 10 years before joining Fenton & Keller — ironically, at the 218 Bassett Street, Suite A, location.

“We are excited about becoming a physical presence in King City,” said Kesecker. “I get to come back to a community I care about, and it will provide an ability for local residents to sit across from their attorney without having to travel to Salinas, Monterey, or Paso Robles.”

by Fenton & Keller

Cal/OSHA Revised COVID-19 Prevention Emergency Temporary Standards

Question: Has Cal/OSHA adopted new workplace guidelines now that California has opened?

Answer: Yes, on June 17, 2021, Cal/OSHA’s Standards Board approved revisions to the COVID-19 Emergency Temporary Standards (ETS). Though California has eased restrictions on COVID-19 safety measures and restrictions, employers still must follow the workplace safety requirements mandated by Cal/OSHA.

The revised ETS include some important changes to workplace rules and employers’ obligations, including:

Fully vaccinated employees do not need to wear face coverings indoors or outdoors, except during outbreaks, or where the California Department of Public Health (CDPH) requires mask wearing, such as in public transit, K-12 educational facilities, and health care settings.
Fully vaccinated employees do not need to be tested or excluded from work after close contact with someone who has COVID-19 unless they have COVID-19 symptoms.
Masks are not required to be worn outside, including by those persons not vaccinated.
Physical distancing has been eliminated except where the employer determines there is a hazard or during a COVID-19 outbreak.
Employees who are not vaccinated must wear face coverings when indoors and when participating in indoor COVID-19 screening.
Employees who are not vaccinated may request respirators, such as N95 masks, for voluntary use at no cost to them.
Employers may not retaliate against employees who choose to wear face coverings.
Employers must maintain a record of employees’ vaccination status and keep that record confidential. Cal/OSHA states that acceptable options for documentation include:

Employees can provide proof of vaccination (a vaccine card, its image, or a healthcare document showing vaccination status), and employers retain a copy.
Employees can self-attest to vaccination status, and employers maintain a record of who self-attests.

If employees decline to state whether they are vaccinated, employers must treat them as if they are unvaccinated.

Because of a recent increase in COVID-19 cases, some counties are requiring or recommending people wear face coverings when indoors, regardless of vaccination status. Employers are generally permitted to adopt more stringent workplace safety rules to protect employees and patrons. It is a good idea to check your local health department’s website to see if it requires face coverings or more protective measures than Cal/OSHA’s ETS.

Though the revised ETS include many changes, some key requirements remain. Employers must:

Have an effective written COVID-19 Prevention Program.
Provide effective training and instruction to employees on the employer’s prevention plan and employee rights under the Emergency Temporary Standards.
Continue to provide face coverings to unvaccinated employees and make them available to vaccinated employees upon request.
Provide notice to public health departments of outbreaks.
Provide notice to employees of exposure to and close contacts with a COVID-19 case.
Offer COVID-19 testing to employees at no cost after potential exposures.
Comply with Cal/OSHA requirements for responding to COVID-19 cases and outbreaks.
Comply with quarantine and exclusion pay requirements.
Follow prevention requirements for employer-provided housing and transportation.

To ensure compliance with the current revised temporary standards, Cal/OSHA has developed a revised COVID-19 Model Prevention Program to help employers developing or revising their written COVID-19 Prevention Programs. Employers can access the revised model program by visiting https://www.dir.ca.gov/dosh/coronavirus/ETS.html.

by Fenton & Keller

Fenton & Keller Update - April 17, 2020

We write to you today to inform you of some compliance action items and informational updates.

We are continuing to monitor developments of special importance to our clients that are occurring at the county, state and federal level.

April 17, 2020

❏ Implement a Remote Work Policy- We recommend you adopt a remote work policy applicable to the current work from home situation to clearly define rights and responsibilities and to make sure employees know that remote work will not become the norm for your business.

❏ Evaluate Expense Reimbursement for Remote Workers- Labor Code section 2802 requires employers to indemnify employees for “necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties.” The Division of Labor Standards Enforcement states, “The test for recovery under section 2802 is whether the expense or loss was incurred within the course and scope of employment.” This is broadly interpreted in the employee’s favor. If your remote workers are incurring expenses working from home (i.e. home internet, use of a personal computer, cell phone) they should be reimbursed a reasonable amount for the business-related use of these expenses.

❏ Provide the Notice to Employee, Labor Code 2810.5 form- If you reduce employees’ pay, you are required to provide this notice within 7 days of the change. Find the form here: https://www.dir.ca.gov/dlse/lc_2810.5_notice.pdf

❏ Post and Provide the Families First Coronavirus Response Act Posters- Employers are required to post these notices in the workplace and distribute them to employees who are working remotely. The posters are available in 10 languages at https://www.dol.gov/agencies/whd/posters. A question and answer document from the Department of Labor about the posting of the notice is available at https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions.

❏ Implement Mandatory Social Distancing Protocol- Monterey County requires all Essential Businesses to prepare a social distancing protocol to explain how the business is achieving social distancing as required by the County’s April 3, 2020 Shelter in Place order. The County encourages businesses to use a form available at https://www.co.monterey.ca.us/home/showdocument?id=88419.

The form is also available in Spanish at https://www.co.monterey.ca.us/home/showdocument?id=88479

The Social Distancing Protocol must be posted at or near the entrance of the facility and must be easily viewable by the public and employees. A copy of the Social Distancing Protocol must also be provided to each employee, including electronically for remote workers.

❏ Consider the Consequences of Layoff v. Furlough- The emergency sick leave and expanded FMLA benefits provided by the Families First Coronavirus Response Act do not apply to employees who have been laid off. Laying off employees, even if the employer intends to return them to work later, is interpreted by the California Labor Commissioner as a termination. If an employer instead furloughs its employees, that may also be interpreted as a termination unless the employer informs the employees of a definite return-to-work date within the regular pay period. At the time of termination, all wages, including vacation or paid time off, must be paid.

❏ Comply with WARN Notice Obligations- The California Worker Adjustment and Retraining Notification (WARN) Act requires employers to provide 60-days notice to employees who are subject to a mass layoff, relocation, or termination at a covered establishment. The WARN Act also requires employers to notify the Employment Development Department, the Local Workforce Development Board, and the chief elected official of each city and county government within which the termination, relocation, or mass layoff occurs. On March 17, 2020 Governor Newsom issued an Executive Order modifying the required notice. Employers who implemented a mass layoff or termination should review the information at https://www.edd.ca.gov/about_edd/coronavirus-2019/faqs/WARN.htm to make sure they have complied with WARN Act procedures and notice requirements.

❏ New Benefits for Self Employed Individuals- Pandemic Unemployment Assistance- As part of the federal CARES Act, the new Pandemic Unemployment Assistance (PUA) program helps unemployed Californians who are business owners, self-employed, independent contractors, have limited work history, and others not usually eligible for regular state unemployment benefits who are out of business or whose services are significantly reduced as a direct result of the pandemic. The EDD will begin accepting claims on April 28, 2020. For more information visit https://www.edd.ca.gov/about_edd/coronavirus-2019/pandemic-unemployment-assistance.htm

❏ I-9 Compliance Flexibility for New Hires – The Department of Homeland Security announced that employers may onboard new employees by using remote employment eligibility verification. Employers who are taking physical proximity precautions due to COVID-19 may inspect documents listed in Section 2 of the I-9 remotely (e.g., over video link, fax or email, etc.) and obtain, inspect, and retain copies of the documents within three business days for purposes of completing Section 2. These provisions may be used until May 19, 2020 OR within 3 business days after the termination of the National Emergency, whichever comes first. Once normal operations resume, all employees who were onboarded using remote verification must report to their employer within three business days for in-person verification of identity and employment eligibility documentation for Form I-9, Employment Eligibility Verification. For specific details on remote verification see https://www.ice.gov/news/releases/dhs-announces-flexibility-requirements-related-form-i-9-compliance#wcm-survey-target-id

We are continuing to work and are fully available to provide legal services to address your needs. The well-being of our employees, clients, business partners and community remains our constant priority. We remain receptive to any suggestions that would make you more comfortable while working with us. We value our relationship with you and are committed to staying connected and helping you through this extraordinary time.

by Fenton & Keller

Fenton & Keller Update - March 25, 2020

March 25, 2020

We are continuing to monitor developments of special importance to our clients that are occurring at the county, state and federal level. Many businesses, large and small, have important questions about compliance with the Families First Coronavirus Response Act (FFCRA).

Updated Resources Regarding the Families First Coronavirus Response Act

Today, the Department of Labor issued the required workplace posters, fact sheets and FAQ’s regarding the emergency paid sick leave and FMLA expansion benefits provided by the Families First Coronavirus Response Act. Some of the important takeaways are:

The Families First Coronavirus Response Act is effective April 1, 2020.
The Department of Labor will not bring enforcement actions against any employer for violations of the Act that occurred between March 18 and April 17, 2020 provided the employer has made reasonable, good faith efforts to comply with the Act. After April 17 the Department will fully enforce violations of the Act.
The Act’s requirements to provide emergency sick leave and expanded FMLA apply only to leave taken by current employees between April 1 and December 31, 2020.
Although the Department of Labor states that details are forthcoming on small business exemptions from the paid leave requirements, it suggests that employers with fewer than 50 employees who feel their business would be jeopardized by providing the paid leave document its reasons for being exempt.

For more detail and to print the required posters see https://www.dol.gov/agencies/whd/pandemic.

March 29, 2020 Families First Coronavirus Response Act (FFCRA) National Online Dialogue- Your Opportunity to Provide Regulatory Input

The U.S. Department of Labor will be hosting a national online dialogue to provide employers and employees with an opportunity to offer their perspective as the Department of Labor develops compliance assistance materials and outreach strategies related to the implementation of the FFCRA.

According to the Department of Labor, the ideas and comments gathered from this dialogue will inform compliance assistance guidance, resources, and tools, as well as outreach approaches that assist employers and employees in understanding their responsibilities and rights under the FFCRA. The DOL is requesting input by March 29, 2020. Anybody who is interested can participate online at https://ffcra.ideascale.com from March 23 through March 29, 2020 or can join a Twitter chat hosted by @ePolicyWorks on March 25, 2020 at 2 p.m. using the hashtag #EPWChat.

U.S. Department of the Treasury, IRS and The U.S. Department Of Labor Provide Information on Coronavirus-Related Paid Leave For Workers And Tax Credits For Small And Midsize Businesses

The Act provides a tax credit for employers providing paid leave benefits in compliance with the Families First Coronavirus Response Act. Eligible employers may receive a refundable sick leave credit for emergency sick leave paid to employees at the employee’s regular rate of pay, up to $511 per day and $5,110 in the aggregate, for a total of 10 days. For an employee who is caring for someone with Coronavirus, or is caring for a child because the child’s school or child care facility is closed, or the child care provider is unavailable due to the Coronavirus, eligible employers may claim a credit for two-thirds of the employee’s regular rate of pay, up to $200 per day and $2,000 in the aggregate, for up to 10 days. Eligible employers are entitled to an additional tax credit determined based on costs to maintain health insurance coverage for the eligible employee during the leave period.

In addition to the sick leave credit, for an employee who is unable to work because of a need to care for a child whose school or child-care facility is closed or whose child care provider is unavailable due to the Coronavirus, eligible employers may receive a refundable child care leave credit. This credit is equal to two-thirds of the employee’s regular pay, capped at $200 per day or $10,000 in the aggregate. Up to 10 weeks of qualifying leave can be counted towards the child-care leave credit. Eligible employers are entitled to an additional tax credit determined based on costs to maintain health insurance coverage for the eligible employee during the leave period.

Examples of the credit are included in the guidance at https://www.dol.gov/newsroom/releases/osec/osec20200320.

Warn Act Guidance Issued

On March 17, 2020, Governor Gavin Newsom issued Executive Order N-31-20 (PDF), which addressed the California Worker Adjustment and Retraining Notification (WARN) Act (Lab. Code §§ 1400, et seq.) and temporarily suspended the 60-day notice requirement for mass layoffs, cessation or substantial cessation of business operations or relocation of a business. The Department of Industrial Relations, Division of Labor Standards Enforcement, and the Employment Development Department (EDD) issued guidance regarding the Order’s conditional suspension of the California WARN Act at https://www.edd.ca.gov/about_edd/coronavirus-2019/faqs/WARN.htm

The Governor’s order does not suspend the California WARN Act in its entirety, nor does it suspend the law for all covered employers. The order only suspends the California WARN Act’s 60-day notice requirement for those employers that satisfy the Order’s specific conditions and provide a written notice that complies with the order.

by Fenton & Keller

Fenton & Keller Welcomes the Following New Attorneys

Bradley Levang

Bradley has over 15 years’ experience representing clients before various federal and state courts, appellate courts, and also administrative agencies. Brad’s practice focuses on employment law litigation and counseling, and general civil and business litigation. CLICK FOR BIO.

Ashley Cameron

Ashley most recently worked for a local, private criminal defense firm. Ashley’s primary areas of practice are civil litigation, employment law, trust and estate litigation, and business litigation. CLICK FOR BIO.

by Fenton & Keller

Sara Boyns Named Businesswoman of the Year

In early 2019, at the Salinas Valley Chamber of Commerce 98th Annual Awards Ceremony, Sara Boyns was named Businesswoman of the year. The Chamber’s announcement stated, “Sara Boyns is at the forefront of Fenton & Keller’s efforts at inclusiveness, having served as a mentor and inspiration to young leaders in our community. Throughout her years in executive roles as a Fenton & Keller partner and attorney, she has taken every opportunity to share the wisdom and experience she has gained to help other associates build fulfilling careers. Sara has mentored other women executives through decisions about changing roles and client responsibilities, managing workloads and forging relationships with their male peers.”

Sara was raised on the Monterey Peninsula and attended local public schools, the University of Utah, and Monterey College of Law. She has been practicing in Monterey for over 30 years, focusing on assisting employers with employment law compliance and defense of claims. Sara’s community involvement includes Leadership Monterey Peninsula (class of 1985), teaching Legal Writing at Monterey College of Law, serving on the Boards of Lyceum of Monterey County, Monterey County Women Lawyers Association, Barristers, Monterey County Bar Association, Central Coast Human Resources Association, Fellowship of Christian Athletes, and the Hospice Giving Foundation Golf Scramble committee. Sara currently serves on the Fund Development Committee of Girls Inc. of the Central Coast.

Sara’s newspaper article, Workplace Law, published every two weeks in the Monterey Herald, provides readers with information regarding current employment law issues, new developments in the law, and best practices for employers. Sara regularly provides interactive training on sexual harassment prevention, managing employee performance issues, new laws, and legal considerations involved with hiring in-home caregivers. Sara’s practice has expanded to include independent investigations of workplace harassment and discrimination claims.

Sara particularly enjoys her role as grandmother to Cassadee, age 4, and spending time with her husband Casey, daughter Marisa and her son Christopher.

Read more about Sara Boyns on her attorney page.

by Fenton & Keller

Gladys Rodriguez-Morales Joins Fenton & Keller

Picture of Gladys Rodriguez-Morales The shareholders of Fenton & Keller are pleased to announce that Gladys Rodriguez-Morales has joined the firm as an associate attorney.

Gladys’ practice focuses on assisting both employees and employers in all areas of labor and employment law matters including wage and hour issues, termination, discrimination, and retaliation. Gladys' practice also includes representing clients in general civil litigation matters.

Prior to joining Fenton & Keller, Gladys worked for a local law firm representing employees in various labor and employment law matters where she gained valuable experience litigating large wage and hour class action lawsuits. Gladys’ past experience representing employees gives her a unique perspective when it comes to representing and counseling employers.

Gladys is fluent in Spanish and having grown up on the Central Coast, she has strong ties to the local Spanish speaking community.

Read more about Gladys at her attorney page.

by Fenton & Keller