Category: Employment Law
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When is employee fault grounds for denying a workers’ comp claim?
Employers generally have responsibilities when a worker gets hurt on the job in California. Whether you self-insure or pay for an outside policy, workers’ compensation in California is a no-fault program. It doesn’t matter who is to blame for the incident that causes a work injury. The workers typically get benefits regardless of fault. They…
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When do you have to allow workers to take unpaid leave?
Companies operating in California need to comply with federal laws, as well as more demanding California state employment laws. Federal employment laws extend certain rights to your workers, and sometimes California passes laws that expand on those rights. The Family and Medical Leave Act (FMLA) establishes federal rules that allow workers to take unpaid leave.…
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Will hiring make you responsible for mandatory annual training?
Business success and expansion is as much a danger as it is a goal. When there is more demand than you can reasonably meet for services or products, it can hurt your company’s brand or market share. Consumers may turn to your competitors or may come to associate your brand with long delays or bad…
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What employee conduct can companies monitor after hours?
Many employers are concerned with what their employees do when they’re off the clock. This might be because the employees are known in the community and the employer is concerned about how their after-hours activities will look on the company. It may also occur if the employer is concerned with how those activities will affect…
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Proper training and clear rules make HR an asset, not a liability
When the number of employees at a business goes from a handful to dozens, the company may need to bring in professionals to support their employees. Human Resources (HR) professionals serve multiple purposes. They help employees navigate company systems to request paid time off or report what they suspect is discrimination. HR professionals also help…
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How to reduce the chance an employee claims unfair dismissal
You cannot stop a disgruntled former employee from suing for unfair dismissal. Yet, you can reduce the chance they will and have a solid defense ready in case they do. Firing someone may seem a simple decision, yet you need to tread with care. However useless you feel someone is, they still have workers’ rights. Think…
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How should you deal with false claims of discrimination in the workplace?
In this information age, most employees are somewhat knowledgeable about their rights in the workplace. And this is generally a great thing as employees can easily identify signs of discrimination and take immediate action to address the problem. Unfortunately, that very wave that rightfully empowers employees about their rights in the workplace can also be…
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California Bans Mandatory Arbitration in Employment Contracts
In 2019, California looked to be on the verge of prohibiting mandatory arbitration provisions in employment contracts. The law was part of several pieces of legislation responding to #MeToo but, like most laws, would have wider ranging implications. AB 51 was initially meant to come into effect on January 1, 2020. However, this wasn’t meant to be.…
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Bill that expands on STAND Act awaits Gov. Newsom’s signature
The California legislature has taken a further step toward allowing employees to talk about any harassment and discrimination they’ve experienced in the workplace. Late last month, it passed the “Silenced No More Act.” If Gov. Gavin Newsom signs the bill into law, employees will be free to speak out about any type of mistreatment they…
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When can workers bring a wage claim against your business?
When employees believe that you have failed to pay them in accordance with federal or state laws, they could potentially bring a claim against your company. Common wage claims involve failing to pay minimum wage. As an employer, you have certain obligations to your employees. You need to maintain a safe workplace environment, provide a…
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California Supreme Court Ruling Causes Dramatic Shift for Meal and Rest Breaks
On July 15, 2021, the California Supreme Court gave its ruling on Ferra v. Loews Hollywood Hotel, LLC. The case involves meal, rest, or recovery premium pay. The decision applies retroactively and requires a dramatic shift for employers in their obligations going forward. The issue in the case revolved around the rate of compensation to an…
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Uncertainty Lingers Over What Employment after COVID will look like
With reopening largely underway across the country there have been mixed results about whether the economy is rebounding as one might hope. Questions also remain about how the economy in the US and other countries will recover as pandemic related government support winds down. Another question is what employment after COVID will look like once the recovery is in…
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Mixed Employment Signals as COVID Reopening Continues
While the Delta variant of COVID-19 remains a concern, the push back to normalcy continues across the country. Along with reopening, the hope of continued recovery for the economy continues. However, employment numbers provide a confusingly mixed result thus far during this COVID reopening. On the positive side 850,000 people were hired in the US in June.…
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Ninth Circuit Win for Walmart Provides Clarity for Wage Statements
As discussed recently on this blog, rest periods are often a fraught issue for employers. Hand-in-hand with this issue are wage statement claims, which are also often heavily litigated in class actions. With the recently discussed ruling employers were given clarity on certain practices for rest periods. The Ninth Circuit has now done similar for wage statements. In…
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Employee Breaks on Meal Periods
Proper accounting and practices for employee rest periods has been a fraught issue for employers, with many class actions arising out of questions of whether employers had proper procedures in place. Recently, the California Supreme Court made an important change by ending meal period rounding. This change required employers to take extra steps to ensure they…
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Avoid these mistakes when classifying employees in employment agreements
As an employer, you will need to correctly classify anyone who is working for your business. You will need to have documentation to monitor whether they are a full-time or part-time employee, a contractor, seasonal worker or volunteer. This will be done through employment agreements. The category into which an employee falls will dictate the…
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Independent Contractor Status Remains Issue of Concern
Over the last few years employers in California have often found themselves considering the state’s independent contractor rules. Ever since the Supreme Court’s decision in Dynamex the issue has been in flux. However, with the changes to the law since then, along with the successful proposition initiative from companies like Uber last November, the issue has started…
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California Supreme Court Ends Meal Period Rounding
A court case that began five years ago reached a final decision with the California Supreme Court early this month, and it marks an important change that all employers need to take notice of. Donohue v. AMN Services LLC is an action brought by a nurse recruiter. The plaintiff argued that her employer’s practice of rounding her meal…
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California’s Stricter Meal and Break Requirements Pre-empted by Federal Law
On January 15, 2021, the Ninth Circuit Court of Appeals settled, for now, whether California’s meal and rest break requirements were pre-empted by federal law. The Court ruled that the Federal Carrier Motor Safety Administration’s (FMCSA) determination that the California rules were pre-empted was proper. California’s rules are generally stricter than those provided federally, with California’s…
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After a Weakening at the Ballot Box AB5 Supporters Get Win in Court
Supporters of AB5 saw a huge defeat on Election Day with the passage of Proposition 22, which allows companies like Uber and Lyft to once again operate with its workers classified as independent contractors rather than as employers, as AB5 had required. However, AB5 continues to impact many businesses, including those in California’s large trucking…