It happens all the time. A poor performing, or even blatant policy-violating former employee applies for unemployment. The immediate reflex by most employers is to contest it. Good idea? Well, it really depends. If the...more
I have often said to clients that retaliation claims in California are the easiest claims to allege and the hardest claims to defend. Regardless of the statute, a retaliation claim is essentially three things:...more
My sexual harassment prevention training sessions always include a discussion of the common misconceptions about it. The news about pop star Lizzo brought some of these issues top-of-mind. A few issues to keep in mind; yes,...more
I must say that practicing “Nanny Law” is not my favorite part of employment law. “Nanny Law” is the term I use for household workers (caregivers), whether they be those who care for babies, kids, elderly parents, or those...more
How many times does an employee just call (or text) that they are not coming in? Not feeling well? Something vague. Then months (or years) later, the employer gets a claim that the employee actually had a disability that...more
How does a California employer prove in litigation that it actually provides rest breaks? How much evidence is enough? Well, after litigating this issue what seems to be hundreds of times, here is the best four step advice I...more
California employers now face derivative liability for failing to list premium payments for meal periods or rest breaks on their wage statements, as well as for failing to pay all premiums timely upon separation.
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In the past when my non-union clients asked about the NLRB or union activity issues I told them there are bigger issues to worry about. I have often said that most lawsuits I see involve either wage-and-hour violations, or...more
The sharks are starting to circle around PAGA (Private Attorney General Ac), a law that many California employers find crazy-making for all the reasons outlined here. PAGA may finally be subject to challenge on two separate...more
Have you been re-using the same old settlement agreement template that was drafted many years ago? Well, if you are in California, it is time for another refresh before year end (effective January 1, 2022).
The law...more
In plain English, PAGA allows a Court to award a penalty for each pay period that includes a wage-and-hour violation. It does not include the damages for the underlying violation, just the discretionary penalty, which starts...more
A recent 9th Circuit ruling has cast doubt on employers’ ability to implement mandatory arbitration agreements for workers, and whether (and to what extent) there will be civil and criminal penalties for doing so. Until the...more
In the words of a mediator in a recent case, “at least you get a discount for not being an @ssh%le.”
Yes, many employers actually try to, and even succeed in doing the right thing. But doing the right thing, and proving...more
With so much going on for employers in 2020, let us not forget the #MeToo movement and related changes in California’s laws requiring sexual harassment prevention training. All employers with more than five employees...more
A recent ruling confirmed that the time an employee spends waiting in line for a security check is considered “hours worked” in California and must be paid. The California Supreme Court ruling applies even though the...more
If you were hoping that AB-5 (the CA statute codifying the ABC standard into widespread law) would be held invalid, enjoined, or would just fall off a cliff, it is time to face reality. AB-5 is alive and well, and effective...more
Attention hospitality employers. Is that charge you add to a guest check a service charge (typically a set amount added to a guest check in lieu of a tip)? Or an automatic gratuity (such as a set amount for a party of 8 or...more
One of the new bills recently passed (AB 749) prohibits standard “No Rehire” provisions in settlement agreements and general releases. These provisions typically read something like this:
No Future Employment. Employee...more
July may seem like a sleepy summer month, but don’t forget — for many cities in California it is the time for minimum wage increases. Your payroll company may notify you and take care of it, but if you handle payroll...more
In reading all of the online reviews about the Game of Thrones finale, I was struck by one overarching theme – you just can’t please everyone. In that regard, it reminded me a lot of employment litigation. Spoiler alert!...more
The topic of preferred pronouns has been top of mind for me lately.
It started with a volunteer mentor day I attended for Step Up (a fabulous group by the way) to mentor high school teens. In our mentor orientation we...more
What is considered “work time” that requires pay? Well, that definition keeps on getting broader for California employers.
Can you let individuals “volunteer” and provide comps/trade for their time? No....more
I’ve been doing a lot of harassment prevention training lately.
One reason is because it is an odd year (2019), and the requirement to train managers & supervisors started in 2005, so many California businesses are on an...more
Every year in December I get the same wave of client calls. What can we do to prevent everyone from calling in sick during the holidays?
Why is this such a problem? It’s not just flu season or hangovers from too many...more
The trend is to move away from holiday parties. Some companies are opting for a family picnic in the summer instead, or a party in January after the holiday season is over. If your company is still planning a holiday party...more