Just in time for Halloween and employee handbook update season, the California Legislature has passed an onslaught of new employment legislation sure to give employers compliance nightmares. From expanding the concept of...more
There has never been a better time for employers to train managers on the basics of Family and Medical Leave Act (FMLA) rights and appropriate responses to FMLA requests. Believe it or not, FMLA rights can be violated even if...more
The peak of COVID-19 infections may have passed, but the mental health effects of the pandemic continue to be felt, and government agencies are taking note. The U.S. Department of Labor (DOL) issued new guidance during Mental...more
6/14/2022
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Infectious Diseases ,
Mental Health ,
New Guidance ,
Reasonable Accommodation ,
Regulatory Requirements
The pandemic has revolutionized the workplaces and remote workforces will almost certainly survive the end of the pandemic. A Gallup poll last fall indicated that 61 percent of workers expect to work remotely at least part of...more
California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on...more
2/10/2022
/ Adverse Employment Action ,
Burden of Proof ,
CA Supreme Court ,
California ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
Labor Code ,
McDonnell Douglas Formula ,
Retaliation ,
State Labor Laws ,
Whistleblower Protection Policies ,
Whistleblowers
Given the rapidly spreading omicron variant, employers with as few as five employees are well advised to refresh themselves on their obligations under the Family Medical Leave Act (“FMLA”) and its California counterpart, the...more
1/4/2022
/ Americans with Disabilities Act (ADA) ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Disability ,
Employee Benefits ,
Family and Medical Leave Act (FMLA) ,
Family Medical Leave ,
FEHA ,
Infectious Diseases ,
Wage and Hour
On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology platforms such as Lyft, Uber,...more
11/18/2020
/ Anti-Discrimination Policies ,
Ballot Measures ,
Business Model ,
DoorDash ,
Gig Economy ,
Independent Contractors ,
Labor Regulations ,
Lyft ,
Misclassification ,
Mobile Apps ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Uber
Employees seem permanently attached to their smart phones today, but allowing employees to use their personal devices to make work calls, and send and receive work emails can carry substantial risks. ...more
8/29/2019
/ Bring Your Own Device (BYOD) ,
Cell Phones ,
Data Management ,
Data Protection ,
Electronic Communications ,
Employee Monitoring ,
Employee Privacy Rights ,
Employee Rights ,
Employer Liability Issues ,
Employment Policies ,
Labor Regulations ,
Labor Relations ,
Mobile Devices ,
NLRA ,
Protected Concerted Activity ,
Telecommunications ,
Wage and Hour
While certain sales employees are exempt from minimum wage and overtime requirements under federal and state laws, others are not. Getting it wrong can be a costly mistake, so employers are well advised to ensure their...more
2/26/2019
/ Employer Liability Issues ,
Exempt-Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Primary Duty Test ,
Retail Market ,
Salespersons ,
State Labor Laws ,
Wage and Hour
Staffing agencies may provide the solution to a company’s short-term staffing needs. However, clients should not assume they can avoid liability for workplace issues by using a staffing agency; indeed, in some cases, a client...more
Performance reviews are intended to provide feedback and identify opportunities for growth. They can also help an employee understand how well the employee is meeting the employer’s expectations. ...more