Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more
Labor Code section 226 sets forth numerous requirements for itemized earnings statements. In particular, the statement or paycheck stub must include the following information...more
As most employers are aware, the California Fair Employment and Housing Act (FEHA) protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination on account of...more
California employers should be aware that Labor Code Sections 1030, et. seq., provide a number of rules about lactation accommodation in the workplace. Specifically, employers are required to provide a reasonable amount of...more
Governor Brown has signed Senate Bill 462 amending Labor Code Section 218.5 to state that, in an action brought for the non-payment of wages, fringe benefits or health and welfare or pension fund contributions, a prevailing...more
Using the risk factors outlined in our September Employment Law Reporter, and with consideration to the various types of possible workplace violence and the nature of the employer’s business, employers should establish...more
Governor Brown has signed Senate Bill 292 into law. SB 292 amends the Fair Employment and Housing Act (FEHA) in response to the case of Kelley v. Conco Companies, a 2011 California Court of Appeal same-sex harassment...more
By October 1, 2013, every employer must provide employees with a Notice of the Affordable Care Act and the availability of health insurance through the health plan Marketplaces. There are two model notices that have been...more
What can employers do to prevent workplace violence? Unfortunately, we have learned a lot about violence, but we can use that knowledge to our advantage. In order for an employer to implement preventative measures, it must...more
Unfortunately, incidents of violence and aggression in the workplace are not uncommon. There are, however, tools an employer can utilize to ensure employees feel safe at work. What follows are a general set of guidelines...more
Assembly Bill 10 has been passed by the California Legislature and Governor Jerry Brown has already stated that he will sign it. Once signed, AB 10 will amend Labor Code Section 1182.12 to increase the minimum wage in...more
The U.S. Department of Labor (DOL) recently issued a regulatory guidance confirming that same-sex married couples are entitled to the same benefits of the Family and Medical Leave Act (FMLA) as more traditional heterosexual...more
The Department of Justice (DOJ) filed claims against Lesley University for violation of the Americans with Disabilities Act (ADA)....more
Anyone watching or reading the news these days is well aware of the steady decline in hard news content. ...more
There are certain responsibilities that come with being a supervisor, and knowing how to talk to people is one of them. ...more
Poor customer service, reduced productivity, low morale; these are some of the problems commonly associated with understaffing. But one of the worst problems frequently goes unnoticed by employers until it is too late to...more
Those of you just arriving on the planet may have heard a little something about the Affordable Care Act and the fact that it has a lot of folks worried about just how it will all work....more
David Derr, a former employee of the Kern County Fire Department, filed a lawsuit against the department, his supervisor, James Rummell, and Kern County alleging Rummell repeatedly harassed Derr for having a lesbian daughter....more
A woman takes a day off work to drive her significant other to a doctor’s appointment after he complains of having heart issues. ...more
In general terms, if an employer suspects one of its employees has violated an important policy, it will likely ask that person to participate in an internal investigation....more
With the Patient Protection and Affordable Care Act on the horizon, employers are focused on the costs associated with benefits plans and medical coverage....more
The skies are clear, but there is a storm coming for California employers. The California Legislature has a full agenda of employment laws to consider over the summer months that will have a substantial impact on employers. ...more
There are occasions when an employer desires to contractually tie an employee to it for an extended period of time. These situations typically involve unique individuals who have special talents that cannot be easily...more
5/24/2013
Marc Santos and Geraldo Zaffa are two firefighters who filed a lawsuit against the Milpitas Fire Department for alleged age discrimination. The two men were placed on a list of qualified state and local firefighters by the...more
Julie Gilman Veronese sued Lucasfilm Ltd. in 2009 after she was hired—and then fired—as an assistant to the estate manager at George Lucas’s San Anselmo estate. She claimed she was fired because she was pregnant....more