Karina Sterman

Karina Sterman

Ervin Cohen & Jessup LLP

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Employment Law Reporter – December 2014: An IIPP? What’s an IIPP? It’s something confusing that oughtn’t be!

An IIPP is an Injury and Illness Prevention Program, and its purpose is to improve the safety and health in the workplace by reducing costs of injury and increasing employee awareness. An IIPP has been a mandatory requirement...more

12/18/2014 - Employer Mandates IIPP OSHA Workplace Safety

How To Be The “Responsible Employer” Poster Child

As a California employer, or an out of state dabbler, you likely know that in addition to the various Federal postings that must be displayed for employees in the workplace, California has numerous state specific ones that...more

12/9/2014 - DLSE Labor Code Posting Requirements

Calling All Wage Thieves!

(The California Wage Theft Prevention Act Is Meant to Stop Thieving Employers) We’ve written about the CA Wage Theft Prevention Act before. The Act went into effect in 2012 and added section 2810.5 to the Labor Code....more

12/3/2014 - Employer Liability Issues Wage Theft

Titles Matter for Books, Not for Employers (or, How to be Jointly Liable as an Employer Even if You’d Rather Not Be)

Rarely does a court articulate a legal position so clearly that it can’t be stated any plainer. Such is the case in Castaneda v. The Ensign Group, Inc.: “A corporation with no employees owns a corporation with...more

10/17/2014 - Employee Rights Employer Liability Issues Right to Control Shell Corporations

Are You Properly Reimbursing Your Employees?

When an employee drives to a client’s office to close the sale, employers know they must reimburse the employee for that mileage. When an employee flies to a work-related convention to work a booth, employers know they...more

8/29/2014 - Bring Your Own Device Cell Phones Employer Liability Issues Labor Code Reimbursements

Feds Get Technical! Technical! (Sung to Olivia Newton John’s “Let’s Get Physical” of course)

We already know that California’s exempt/non-exempt classification scheme is a complicated system of checks and balances that takes most employers the help of an attorney to traverse. Well, just so we don’t get overly...more

8/7/2014 - Employer Liability Issues Exempt-Employees Hiring & Firing Misclassification Non-Exempt Employees Sales Commissions Time Warner Wage and Hour

The Supremes Sing Out About Control: It is the Primary Test for Deciding Whether a Worker is an Employee or an Independent...

In December 2008, newspaper carrier Maria Ayala sued Antelope Valley Newspapers on behalf of herself and a putative class of other newspaper carriers. The crux of her allegations in the complaint is that Antelope Valley...more

7/25/2014 - Ayala Class Action Employee Rights Employer Liability Issues Independent Contractors IRS Misclassification Putative Class Actions SCOTUS

“Hello there!” (The absolute worst way to terminate an employee.)

The Internet is abuzz about an incredibly tacky, laughably inappropriate mass email that Microsoft sent to nearly thirteen thousand employees informing them, somewhere deep in the self-serving “it’s not you, it’s me” message,...more

7/24/2014 - Corporate Counsel Email Employer Liability Issues Hiring & Firing Microsoft Popular Termination

Employment Law Reporter – April 2014

In This Issue: Pre-Hire Peril: Avoid Self-Sabotage Through Background Checks: In a joint publication of the Equal Employment Opportunity Commission and the Federal Trade Commission, these federal agencies have...more

4/11/2014 - Background Checks EEOC FTC Hiring & Firing

TIMING MATTERS: Why an Employee Medical Exam is the Last Step in the Hiring Process

You craft and post a job description that is poetry. It generates a flurry of applications. You are so popular that you have your pick of potentially qualified employees for the position. You sift through the applications and...more

4/9/2014 - ADA EEOC Hiring & Firing Screening Procedures

Got Class? Wage and Hour Class Actions in a Post-Brinker World

In 2012, employers awaited the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court with the bated-breath anticipation of a presidential election, or an Olympic luge race. And, boy, was it worth...more

2/19/2014 - Brinker Class Action Dukes v Wal-Mart Rest and Meal Break Wage and Hour

How and Why Your Team Is Everything (And Other Essentials for Startup Success...)

The multi-faceted answer to our question: over the years working with entrepreneurs and inventors, what have you seen as an essential attribute to startup success?...more

2/14/2014 - Legal Perspectives Startups

The Good Deed That’s Likely to Get Punished: Waiting to Fire Someone After Thanksgiving, Christmas, New Year, their Birthday or...

Despite what juries may believe, employers are made up of human beings. Typically, every one of those human beings has a heart and a conscience. Right? While your employees may assume that the decision to fire someone was...more

12/24/2013 - Employer Liability Issues Termination

New Lawyers and Their Legal Secretaries

Like most law school graduates, I never had a secretary until I started working as an attorney at a law firm. She was a seasoned legal secretary, and I shared her with a senior partner. Originally published in Los...more

12/10/2013 - Law Practice Management Young Lawyers

Employment Law Reporter – November 2013

If, like many employers, you have required that your employees sign agreements to arbitrate employment disputes, you probably also specifically assure the employees that by agreeing to arbitrate all claims against the...more

11/4/2013 - Arbitration Arbitration Agreements Compliance Corporate Counsel DFEH EEOC Employee Rights Employer Liability Issues

Establish Terms of Employment While the Bloom is On the Rose…

When you hire an employee, the trust is untested, on both sides, and the faith is absolute, on both sides. However, inevitably, the trust and faith sometimes get shaken when an employee accuses you of underpaying, paying...more

10/8/2013 - Employer Liability Issues Employment Contract

With Privilege Comes Responsibility

Gone are the days when being a federal contractor meant an expensive dinner with politicians, followed by getting a lucrative contract signed with the government, and breaking ground on some swamp land redevelopment only to...more

9/10/2013 - ADA Affirmative Action Contractors Disability DOL Federal Contractors OFCCP Rehabilitation Act Veterans Vietnam Era Veterans’ Readjustment Assistance Act

Employment Law Reporter - August 2013: Don't have rules and policies unless you are prepared to discipline those who break them

In the immortal words of Stephen Covey, the genius who convinced us to micro-organize our lives into fifteen minute increments, "Effective leadership is putting first things first. Effective management is discipline, carrying...more

8/13/2013 - Discipline Discrimination Employee Handbooks Hiring & Firing Performance Reviews Personnel Records Recordkeeping Requirements

Smoke ‘em if You’ve Got ‘em

Don’t like the smell of smokers around you? Think twice before you do something about it. ...more

6/12/2013 - Equal Protection Smokers

The Five Stages of Grief Over an Employment Class-Action Suit

Having worked with a number of companies who have been named as defendants in employment class-action lawsuits, I was repeatedly reminded of the “five stages of grief” model first penned by Elisabeth Kübler-Ross in her 1969...more

6/4/2013 - Class Action

Employment Law Reporter – April 2013: "We won! Wait, no, we lost!": The Narrative Arc of a Disability Discrimination Lawsuit

An employee (Prock) becomes temporarily but totally disabled by an anxiety disorder, goes out on a disability leave and receives disability benefits. The disability leave is extended by the employee’s doctor several times....more

4/8/2013 - Disability Discrimination Discrimination FEHA Hiring & Firing Reasonable Accommodation Termination

It’s Good To Be The King (or, The Enforcer Gave Itself an Extension Because it Can!)

If you’ve been following the news, or our considerably more pithy reportage, the original plan of the both maligned and anticipated (depending on who you are) Affordable Care Act required the U.S. government to create onsite...more

4/5/2013 - Affordable Care Act Health Insurance Exchanges Healthcare

Employment Law Reporter – March 2013: Pregnant With Practical Possibilities

California state courts see an average of ten to twenty employment lawsuits filed every day. Discrimination and wrongful termination claims are still quite prevalent in those filings. The recent California Supreme Court case...more

3/11/2013 - Discrimination Hiring & Firing Performance Reviews Pregnancy Discrimination Termination

Do Your Employees STAND or SIT (or LEAN)?

California’s Wage Orders require that “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats . . . .” So naturally, someone found a way to sue an employer...more

12/20/2012 - Class Action Kmart Wage Orders

To Party or Not to Party? That is the Holiday Question

Has anyone thought it was a bad idea to throw a holiday party for all those hard-working, sometimes underpaid employees who have given the better part of each day to make your company great? Or even for those who may not be...more

12/13/2012 - Employer Liability Issues Holiday Parties

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