Erik P. Khoobyarian

Erik P. Khoobyarian

Hopkins & Carley

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Considering a Wellness Program for Employees? Make Sure You Do Not Violate the ADA or Other Laws in the Process

Rising health insurance costs have bedeviled employers for years. Wellness programs represent one tool designed to increase employee health and reduce health insurance costs. The Affordable Care Act’s (“ACA”) so called...more

10/27/2014 - ADA Affordable Care Act EEOC Employee Benefits Employer Liability Issues GINA HIPAA Wellness Programs

New Law Makes Employers Liable for Labor Code and Other Violations of Staffing Companies

At some time during the business cycle, many companies utilize staffing or labor contracting agencies to obtain workers to perform certain tasks. In such situations, the staffing or contracting agency typically serves as the...more

10/10/2014 - Employee Rights Employer Liability Issues Independent Contractors Wage and Hour Wages

California Employers Must Now Include Training against "Abusive Conduct" in AB 1825 Sexual Harassment Training for Supervisors

Last week, Governor Brown signed legislation that adds a new component to the required AB 1825 sexual harassment training for supervisors. Starting January 1, 2015, AB 1825 anti-harassment training must also include training...more

9/24/2014 - Anti-Abuse Rule Anti-Harassment Policies Employer Liability Issues Employment Policies FEHA New Legislation Sexual Harassment Training

Franchisor Not Liable for Sexual Harassment of Franchisee's Employee under FEHA

In Patterson v. Domino's Pizza, LLC, the California Supreme Court took on the issue of whether a franchisor is an "employer" of its franchisee's employees under the Fair Employment and Housing Act ("FEHA") and therefore...more

9/12/2014 - Dominos Employer Liability Issues FEHA Franchises Franchisors Joint Employers Right to Control Sexual Harassment

California Legislature Passes Bill for Paid Sick Leave, and Bill Expanding Potential Penalties for Minimum Wage Violations

On August 30, 2014, California became the first state in the nation to pass a law requiring all employers to provide paid sick leave to most employees. Assembly Bill 1522, which will become fully effective on July 1, 2015,...more

9/5/2014 - Employee Rights Minimum Wage Paid Leave Sick Leave

Employers May Be Obligated to Reimburse Employees for Their Use of Personal Cell Phones While Carrying Out Job Duties

This week the California Court of Appeal in Cochran v. Schwan’s Home Service, Inc. ruled that an employer must always reimburse an employee for the reasonable expense of the mandatory use of a personal cell phone. Most...more

8/15/2014 - Cell Phones Employee Rights Reimbursements

Employers May Deduct from Vacation Pay for Exempt Employee's Partial Day Absences of Less than Four Hours

An employee’s exempt status under both federal and California law is dependent on the employee’s duties falling within one of the exemptions (administrative, professional, executive) and the employee being paid on a “salary...more

8/8/2014 - Appeals DLSE Employer Liability Issues Employment Policies Exempt-Employees Vacation Leave Vacation Pay

Peabody Decision Tightens Requirements for Commission Payments and Exempt Status

State and federal law create an exemption from overtime compensation for employees engaged in sales who satisfy specific criteria. Although the requirements under each set of laws are not identical, each generally provides...more

7/24/2014 - Employer Liability Issues Exempt-Employees Exemptions Minimum Wage Over-Time Sales Commissions Time Warner Wage and Hour

Remember to Calculate Overtime Pay Based on Your Employees' "Regular Rate of Pay"

When a non-exempt employee is entitled to overtime compensation, the hourly rate of pay from which the overtime compensation is calculated is known as the employee's "regular rate of pay." If an employee subject to...more

7/8/2014 - Non-Exempt Employees Over-Time Unpaid Overtime Wage and Hour Wages

The California Supreme Court Holds That an Employee May Waive the Right to Bring a Wage and Hour Class Action in an Arbitration...

On Monday, June 23rd, 2014, the California Supreme Court issued its long awaited decision in Iskanian v. CLS Transportation. In Iskanian, the Court held that waivers of the right to bring a wage and hour class action,...more

7/1/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Federal Arbitration Act Iskanian PAGA Trucking Industry Wage and Hour

Is Telecommuting Now a Reasonable Accommodation?

The laws prohibiting disability discrimination impose obligations on employers which go far beyond the mere avoidance of discrimination. In addition to refraining from discrimination, employers must also provide reasonable...more

6/9/2014 - Disability Disability Discrimination Employee Rights Reasonable Accommodation Telecommuting

Is Your Standard Severance Agreement Subject to Challenge by the EEOC?

Many employers have a standard severance agreement that they routinely use with minor modification when terminating an employee either as part of a reduction-in-force or for performance or other reasons. Obviously, the major...more

5/23/2014 - Corporate Counsel EEOC Employer Liability Issues Hiring & Firing Severance Agreements Termination

As Summer Hiring Season Approaches, Employers Should Be Aware of Wage Payment Rules for Interns

Continued sluggishness in some sectors of our economy has left many students and recent college graduates without jobs and willing to consider working as unpaid “interns” in order to gain experience and connections in...more

5/16/2014 - Corporate Counsel Employee Rights Hiring & Firing Internships Unpaid Interns Wage and Hour

The Whistle Blower Provisions of Sarbanes-Oxley Extends to Employees of Privately Held Companies Under Some Circumstances

In a decision that expands considerably the number of employees covered by the whistle-blower provisions of the Sarbanes-Oxley Act, the United States Supreme Court ruled earlier this month in Lawson v. FMR LLC that two former...more

5/9/2014 - Employer Liability Issues Lawson v FMR Privately Held Corporations Retaliation Sarbanes-Oxley Securities Fraud Whistleblower Protection Enhancement Act Whistleblowers

Are Your Wage Statements Compliant Under Labor Code Section 226?

The California Labor Code is full of potential penalties for the unwary employer. The penalties arguably exist to ensure compliance by unscrupulous employers but often the penalties result in a windfall to employees for an...more

5/9/2014 - Employer Liability Issues Employer Mandates Labor Code Labor Commissioners Penalties Section 226 Wage and Hour Wage Statements

The California Supreme Court Agrees To Answer Questions Regarding California's Suitable Seating Requirement

Most of the California Wage Orders require an employer to prove “suitable seats when the nature of the work reasonably permits the use of seats.” While the “suitable seat” requirement has been in the Wage Orders for many...more

5/9/2014 - Employee Rights Employer Liability Issues PAGA Suitable Seats Lawsuits Wage Orders

Can An Employer Ban Negativity In The Workplace? Not According To The NLRB

Over the last few years we have written about the increasing relevance of the National Labor Relations Board (“NLRB”) for non-union employers. Earlier this month, the NLRB issued two more opinions that are directly...more

5/8/2014 - Courtesy Policy Employee Handbooks Hills and Dales NLRB Section 7

New Bay Area Commuter Benefits Program Imposes Obligations on Employers

The California Legislature enacted the Bay Area Commuter Benefits Program in 2012 to require certain employers to provide financial incentives to employees to commute to and from work via some means other than driving alone. ...more

5/8/2014 - Commuter Tax Benefits Employee Benefits Payroll Taxes Subsidies

May an Employer Request a Fitness for Duty Exam After an FMLA Leave?

When an employee goes out on an approved medical leave and returns to work following the leave, employers sometimes question whether the employee is ready to return to the workplace. Most employers correctly request a release...more

5/8/2014 - Fitness for Duty Exams FMLA Medical Leave

Employment Law Advisory for March 5, 2014: San Francisco Follows Emerging Trend, Restricts Use of Criminal Records by Employers

On February 17, 2014, San Francisco passed a new law, the Fair Chance Ordinance, that follows an emerging trend and restricts an employer’s ability to seek and utilize information regarding the criminal records of applicants...more

3/6/2014 - Arrest and Conviction Records Ban the Box Criminal Background Checks EEOC Employment Application Hiring & Firing Human Resources Professionals Job Applicants New Hires

Employment Law Advisory for February 28, 2014: The EEOC's New Challenge to a 12 Month Maximum Medical Leave Policy

Human resource professionals know that administering leave policies and practices is one of the most difficult tasks for any employer. An employer’s obligations to provide reasonable accommodation to a disabled employee and...more

2/28/2014 - EEOC FMLA Medical Leave Sick Leave UPS

Employment Law Advisory for February 13, 2014: Avoid Common Mistakes When Creating Commission and Bonus Plans

Commissions or bonuses represent a significant component of the compensation packages of many employees. As of January 1, 2013, California Labor Code section 2751 requires commission agreements to be set forth in writing, and...more

2/14/2014 - Bonuses Compensation Agreements Compliance Employer Liability Issues Wages

Another Good Reason for Employers to Stay Out of the Labor Commissioner's Office

Labor Code and Wage Order compliance can be one of the human resource department’s most tedious tasks. The requirements of the Labor Code and the Wage Orders are detailed, based on working environments that no longer exist...more

2/7/2014 - Human Resources Professionals Labor Commissioners Wage and Hour

New Protections for Whistleblowers and Suspected Undocumented Workers Take Effect January 14, 2014

The California Legislature had a busy year in 2013 and produced a great deal of employment-related legislation which just took effect on January 1. Because retaliation claims against employers have been on the rise for...more

1/23/2014 - Compliance Dodd-Frank Employer Liability Issues Retaliation Training Undocumented Immigrants Whistleblower Protection Policies Whistleblowers

Employment Law Update 2014 - New Developments in Employment Law 2014

In this issue: - 2014 Schedule of Seminars - Wage & Hour Developments - Discrimination, Harassment, and Retaliation Developments - Arbitration and Class Action Developments - Employer...more

1/7/2014 - Adverse Employment Action Affordable Care Act Discrimination Gender-Based Pay Discrimination Harassment Hiring & Firing Minimum Wage Wage and Hour

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