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The following articles are authored by or quote Ms. Topliff. If you are interested in receiving a copy, please contact us. Articles and blog posts represented on this site are current as of the date of publication and are intended to provide general information which does not constitute specific legal advice.  To read the more recent Workplace Wave articles, please click here.

Featured Article

“What Is Protected Activity Under FEHA and Title VII? A Survey of Retaliation Cases and Their Practical Implications for Employees and Employers,” California Labor & Employment Law Review, January 2014
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Authored

Arbitration

“Mandatory Arbitration of Employment Claims Continues to be a Hot and Evolving Topic,” Workplace Wave, June 2013

Book Reviews

“Grace and Grit: My Fight for Equal Pay and Fairness at Goodyear and Beyond,” Book Review, California Labor & Employment Law Review, November 2012

“Woman Lawyer: The Trials of Clara Foltz,” Book Review, California Labor & Employment Law Review, November 2011

Disability Discrimination & Accommodations

“New California Regulations Provide Expanded Protections for Disabled Employees and Clarification for Pregnancy Disability Leaves of Absence,” Workplace Wave, January 2013

“Practical Implications of the ADA’s Updated Regulations,” Workplace Wave, July 2011

“Recent Developments In Disability Law: From Fitness For Duty Exams To Accommodations To Updated Regulations,” Workplace Wave, November 2010

“Fitness-for-Duty Examinations: Assessing the Legal Rights and Obligations under the Fair Employment and Housing Act and Related Laws From the Employer and Employee Perspectives,” California Labor & Employment Law Review,  January 2009

“21st Century Work Issues, Legal & Legislative Update – Recent Developments in Disability Law,” NCHRA, 2000

“Statute of Limitations under Americans with Disabilities Act,” ALR Fed

“Remedies Available under Americans with Disabilities Act,” 136 ALR Fed 63

Harassment and Discrimination

“Diversity: We’d Like to Improve the Diversity of Our Workforce—Can You Help?” California Employment Law Answers, November 2007

“How Might Ledbetter v. Goodyear Impact California Law?” California Labor & Employment Law Review, September 2007

“Pregnancy Bias: What Do I Do About Bosses Who Say, ‘No More Pregnant Women?’” California Employment Law Answers, June 2007

“Harassment: What Does the Recent ‘Spanking’ Lawsuit Teach Us About Where Fun Ends and Harassment Begins?” California Employment Law Answers, August 2006

“Is It Possible to Have an ‘All in Good Fun’ Work Environment?” Workplace Wave, August 2006

“Now More Than Ever – Ensure Meaningful Open Door Practices to Avoid Harassment Risks,” Workplace Wave, June 2004

“California Legislature Close to Mandating Sexual Harassment Training for Supervisors,” Workplace Wave, June 2004

“Are Employers Responsible for Harassment by Clients, Contractors and Third Parties?” Workplace Wave, February 2003

“Right of Prevailing Plaintiffs to Recover Attorneys’ Fees under §706(k) of Civil Rights Act of 1964,” 132 ALR Fed 345

Hiring Issues

“Hiring the Best Qualified: It Takes More Than a Mantra,” Workplace Wave, May 2008

“The Current State of Background Check Requirements – Time to Review Your New Hire Process,” Workplace Wave, January 2003

Layoffs and Reorganizations

“Reducing Risk During Uncertain Economic Times,” Workplace Wave, December 2008

Legislative Developments

“New California Laws for 2013: From Social Media to Religion to Personnel Files,” Workplace Wave, October 2012

“Get Ready for Some Changes: California Enacts Variety of New Employment Laws,” Workplace Wave, November 2011

“Key Provisions of the COBRA Subsidy Law and the Lily Ledbetter Fair Pay Act,” Workplace Wave, April 2009

“New California Employment Laws (And Some That Were Vetoed),” Workplace Wave, Fall 2007

“The Latest on San Francisco’s Paid Sick Leave Law,” Workplace Wave, Spring 2007

“2006 Year-End Legislative & Regulatory Update,” Workplace Wave, December 2006

“Summary of the State Council of SHRM’s Legislative Action Conference,” Workplace Wave, June 2006

“Update on 2006 California Proposed Legislation,” Workplace Wave, June 2006

“2005 Legislative Year in Review,” Workplace Wave, December 2005

“California’s Computer Professional Overtime Exemption: Legislative Update,” Workplace Wave, December 2005

“Storming Sacramento – An Update from the Front Line,” HR West, July 2005

“California Legislative Recap – Impact on the Workplace,” Workplace Wave, January 2005

“The 2004 California Legislative Session,” HR West, December 2004

“From Wages to Sex, Legislature Churns Out New Regulations,” Silicon Valley Business Journal, August 27, 2004

Employers: Prepare for New State Laws,” Silicon Valley Business Ink, September 20, 2002

Sign and Veto,” Daily Journal, December 27, 2001

“Legislative Round-up for 2001,” The HR Bulletin, December 2001

“NCHRA Makes its Presence Known in Washington, DC,” The HR Bulletin, July 2001

Miscellaneous

“My Leadership California Experience,” Workplace Wave, November 2010

Recordkeeping

“Recordkeeping: May Supervisors Keep ‘Desk Files’ of Personnel Records?” California Employment Law Answers, June 2008

“Employer Notice Requirements,” Workplace Wave, November 2003

“Employee Access to Payroll Records,” Workplace Wave, January 2003

Retaliation and Whistleblowing

“What Is Protected Activity Under FEHA and Title VII? A Survey of Retaliation Cases and Their Practical Implications for Employees and Employers,” California Labor & Employment Law Review, January 2014
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“Retaliation: How Can I Stop Managers from Retaliating Against Employees on Leave?” California Employment Law Answers, December 2006

“Retaliation For Refusal to Fire an Employee,” Workplace Wave, March 2003

Time Off and Leaves of Absence

Public Comments by Mary Topliff on the proposed California Family Rights Act regulations
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“Kin Care & Paid Time Off Policies: Recent Case Law And Legislative Updates,” Workplace Wave, March 2010

“Navigating the Interplay of California and Federal Family and Medical Leaves of Absence Laws: Some Employer Compliance Action Steps,” Workplace Wave, September 2009

“What Qualifies As a Request for FMLA/CFRA Leave?” Workplace Wave, September 2008

“Family and Medical Leave: What Do We Do with an Employee Who Doesn’t Have Enough Hours for FMLA Leave but Might by the Start of the Leave?” California Employment Law Answers, March 2008

“Family Leave: Can I Fire Someone on Family Leave?” California Employment Law Answers, January 2008

“Flurry of Family and Medical Leave Act Activity: First-Ever Expansion and Proposed Regulations,” Workplace Wave, Winter 2008

“The Latest on San Francisco’s Paid Sick Leave Law; Will the Nation Follow?” California Wage & Hour Advisor, June 2007

“Leave Management: How Do We Handle Benefits for Employees on FMLA?” California Employment Law Answers, February 2007

“Paid Sick Leave for Employees in San Francisco,” Workplace Wave, December 2006

“Pregnancy Leave: How Much Leave Do Pregnant Employees Get, and How Much is Paid Leave?,” California Employment Law Answers, April 2006

“Employee Leave: What Do We Know About Switching to PTO?,” California Employment Law Answers, January 2006

Editor for “Paid Time Off Banking Kit: How You Can Save Money, Boost Morale and Increase Efficiency,” published in 2005 by Employer Resource Institute

“California Employer Alert: Paid Family Leave Requirements Go Into Effect January 1, 2004,” Workplace Wave, November 2003

“California’s Time Off Laws Present Challenges to HR,” Workplace Wave, July 2003

“Time Off Legal Compliance Tips,” Workplace Wave, July 2003

“Tips on Employees Returning from Military Leave,” Workplace Wave, May 2003

“Proposed FMLA Changes – Again,” Workplace Wave, February 2003

“California’s New Paid Family Leave Program,” California Payroll Report, October 21, 2002

“Leave of Absence Administration: Provide Heightened Awareness of Basic Principles,” The HR Bulletin, June 1999

Trade Secret, Proprietary and Confidential Information

“Protecting Confidential Information in an Era of Short-Term Employment,” The HR Bulletin, September 2000

Training

“Employee Relations Skill Building,” Workplace Wave, May 2003

“Tips on Training Managers on Legal Responsibilities,” Workplace Wave, March 2003

Wage and Hour

“Wage & Hour Mid-Year Update,” Workplace Wave, August 2012

“Overtime Exemption and FLSA Anti-Retaliation Developments,” Workplace Wave, April 2011

“California Overtime Rules Held to Apply to Non-Residents Working in California; the DOL Provides an ‘App’ for Workers,” Workplace Wave, July 2011

“Employee vs. Independent Contractor Classifications,” Workplace Wave, July 2008

“Q&A: Employee vs. Independent Contractor?” CALI Journal, May 2008

“Why Meal and Rest Periods Are So Important,” Workplace Wave, Spring 2007

“Calculating Bonuses — Important Cautions and Practical Tips,” California Wage & Hour Advisor, August 2006

Quoted

Disability

“Disabling Misconceptions: As More Disabled People Enter the Workforce, Experts Advise Training Others on the Subtleties of Working with Them,” Human Resource Executive, February 2002

“Workplace Fairness Can Be Weighty Issue,” East Bay Business Times, February 15, 2002

Employee Privacy

“Picking out the Slack: Companies Fight On-the-Job ‘Cyberslacking’ by Monitoring and Punishing Web Abuse,” The Fresno Bee, October 31, 2004

Harassment and Discrimination

“Solace During a Tough Workday; Chaplains Offer Comfort in U.S. Workplaces, Including in the Valley,” The Fresno Bee, January 1, 2006

“Setting Boundaries” (on California’s harassment training requirements), Entrepreneur Magazine, April 2005

 Legislative Developments

“State SHRM Legislative Directors Rally Members to be Resources for Lawmakers,” SHRM Home, April 25, 2005

“Exercising their Rights: Employers Must Provide Time for Going to the Polls,” San Francisco Chronicle, November 2, 2004

Time Off and Leaves of Absence

“California’s Time-Off Laws Present HR Challenges,”– SHRM Online, July 1, 2009

“Paid Family Leave Becomes Hot Workplace Issue,” Careers – MSNBC.com, June 2, 2008

“California Paid Family Leave Law Gets Mixed Reviews,” SHRM Home, April 27, 2005

“First Family: California Has Made Paid Family Leave Law, Will the Rest of the Nation Follow?” Entrepreneur Magazine, January 2003

 

Workplace Wave Newsletters

To read the more recent Workplace Waves, please click here.

June 2013
“Mandatory Arbitration of Employment Claims Continues to be a Hot and Evolving Topic,” Workplace Wave; June 2013
Download PDF

January 2013
“New California Regulations Provide Expanded Protections for Disabled Employees and Clarification for Pregnancy Disability Leaves of Absence,” Workplace Wave, January 2013
Download PDF

October 2012
“New California Laws for 2013: From Social Media to Religion to Personnel Files,” Workplace Wave, October 2012
Download PDF

August 2012
“Wage & Hour Mid-Year Update,” Workplace Wave, August 2012
Download PDF

November 2011
“Get Ready for Some Changes: California Enacts Variety of New Employment Laws,” Workplace Wave, November 2011
Download PDF

July 2011
“Practical Implications of the ADA’s Updated Regulations,” Workplace Wave, July 2011
“California Overtime Rules Held to Apply to Non-Residents Working in California; the DOL Provides an ‘App’ for Workers,” Workplace Wave, July 2011
Download PDF

April 2011
“Overtime Exemption and FLSA Anti-Retaliation Developments,” Workplace Wave, April 2011
Download PDF

November 2010
“Recent Developments In Disability Law: From Fitness For Duty Exams To Accommodations To Updated Regulations,” Workplace Wave, November 2010
“My Leadership California Experience,” Workplace Wave, November 2010
Download PDF

March 2010
“Kin Care & Paid Time Off Policies: Recent Case Law And Legislative Updates,” Workplace Wave, March 2010
Download PDF

September 2009
“Navigating the Interplay of California and Federal Family and Medical Leaves of Absence Laws: Some Employer Compliance Action Steps,” Workplace Wave, September 2009
Download PDF

April 2009
“Key Provisions of the COBRA Subsidy Law and the Lily Ledbetter Fair Pay Act,” Workplace Wave, April 2009
Download PDF

December 2008
“Reducing Risk During Uncertain Economic Times,” Workplace Wave, December 2008
Download PDF

September 2008
“What Qualifies As a Request for FMLA/CFRA Leave?” Workplace Wave, September 2008
Download PDF

July 2008
“Employee vs. Independent Contractor Classifications,” Workplace Wave, July 2008
Download PDF

May 2008
“Hiring the Best Qualified: It Takes More Than a Mantra,” Workplace Wave, May 2008
Download PDF

March 2008
“Flurry of Family and Medical Leave Act Activity: First-Ever Expansion and Proposed Regulations,” Workplace Wave, Winter 2008
Download PDF

October 2007
“New California Employment Laws (And Some That Were Vetoed),” Workplace Wave, Fall 2007
Download PDF

May 2007
“Why Meal and Rest Periods Are So Important,” Workplace Wave, Spring 2007
“The Latest on San Francisco’s Paid Sick Leave Law,” Workplace Wave, Spring 2007
Download PDF

December 2006
“2006 Year-End Legislative & Regulatory Update,” Workplace Wave, December 2006
“Paid Sick Leave for Employees in San Francisco,” Workplace Wave, December 2006
Download PDF

August 2006
“Is It Possible to Have an ‘All in Good Fun’ Work Environment?” Workplace Wave, August 2006
Download PDF

June 2006
“Summary of the State Council of SHRM’s Legislative Action Conference,” Workplace Wave, June 2006
“Update on 2006 California Proposed Legislation,” Workplace Wave, June 2006
Download PDF

December 2005
“2005 Legislative Year in Review,” Workplace Wave, December 2005
“California’s Computer Professional Overtime Exemption: Legislative Update,” Workplace Wave, December 2005
Download PDF

January 2005
“California Legislative Recap – Impact on the Workplace,” Workplace Wave, January 2005

June 2004
“Now More Than Ever – Ensure Meaningful Open Door Practices to Avoid Harassment Risks,” Workplace Wave, June 2004
“California Legislature Close to Mandating Sexual Harassment Training for Supervisors,” Workplace Wave, June 2004

November 2003
“California Employer Alert: Paid Family Leave Requirements Go Into Effect January 1, 2004,” Workplace Wave, November 2003
“Employer Notice Requirements,” Workplace Wave, November 2003

July 2003
“California’s Time Off Laws Present Challenges to HR,” Workplace Wave, July 2003
“Time Off Legal Compliance Tips,” Workplace Wave, July 2003

May 2003
“Tips on Employees Returning from Military Leave,” Workplace Wave, May 2003
“Employee Relations Skill Building,” Workplace Wave, May 2003

March 2003
“Retaliation For Refusal to Fire an Employee,” Workplace Wave, March 2003
“Tips on Training Managers on Legal Responsibilities,” Workplace Wave, March 2003

February 2003
“Are Employers Responsible for Harassment by Clients, Contractors and Third Parties?” Workplace Wave, February 2003
“Proposed FMLA Changes – Again,” Workplace Wave, February 2003

January 2003
“The Current State of Background Check Requirements – Time to Review Your New Hire Process,” Workplace Wave, January 2003
“Employee Access to Payroll Records,” Workplace Wave, January 2003