I just returned (and yes, detoxed) from the Cornell HR in Hospitality Conference in Las Vegas.
I presented on wage-and-hour issues at the FLSA Unconference, and participated in a roundtable where attendees were able to...more
Do you remember all of the hoopla back in 2016 when the Department of Labor published new overtime rules, and then at the last minute, after everyone did audits (and many reclassified), the rule was halted? ...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
It is that time of year. We continue to wait for the Governor to sign or veto some controversial bills such as:-
The Stand Act (prohibiting confidentiality in harassment and sexual assault settlements); and...more
ICE workplace audits are on the rise. And if you didn’t know, the federal government and California are not harmonious in their views on immigration issues. That means that ICE raids on California employers are likely to...more
I was in court last week for a status conference in a wage-and-hour class action, and was talking to my opposing counsel, an active litigator in this arena. I asked him if the new California Supreme Court case rejecting the...more
Do you want to know the secret of achieving pay equity in the workplace (at least in the long term)? Well, it is really about the dads. Yes, that’s right. The more paid time off given to fathers, the more likely it is the a...more
To keep employers guessing, not only does the state minimum wage increase every year, but many cities do as well. Currently, California’s minimum wage is $11 per hour (or $10.50 for employers with up to 25 employees)....more
It happens more often than you think. An employee in good standing is “outed” as being listed on a sex offender registry. His/her coworkers are up in arms. Now what? Can he/she be fired?...more
Spring is here! And for those of us in sunny Southern California that means it is music festival season. First up is Coachella and then Stagecoach, with more to follow until October. Days and nights filled with music, food,...more
Every year I look forward to attending and presenting at the Cornell HR in Hospitality Conference. It is a great time to connect with clients, contacts, and to learn from the best and brightest in the hospitality...more
One issue that consistently trips up employers is the interplay of laws for an employee with work-related medical issues. This is sometimes referred to as the Bermuda Triangle of workers’ compensation, ADA/FEHA (disability),...more
In recent years, California and federal agencies have highly scrutinized independent contractor status. While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state. In...more
What a year it has been for harassment claims. The biggest year in the 22 years I have been practicing law. It seems that every day there is a big new headline, and someone else powerful losing their job over harassment...more
There are few things I love more in life other than dogs and beer. So when I saw this article I was delighted! A beer company, called BrewDog, has decided to pay its employees a week of new puppy leave dubbed “pawternity” or...more
All of this news about hurricanes and the tragic images of people losing their homes (and everything in them), takes me back to advice my father gave me years ago, which was: You need insurance for things you can’t afford to...more
The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual...more
Summer is the time for vacations, and with that comes the stress of balancing work pressures while out of the office. Many employees prefer not to take vacations when the alternative is trying to conduct work from a cell...more
Just because it’s logical doesn’t make it legal. And more often than not, what is logical in California is not necessarily legal.
Take the issue of “comp time.” Typically comp time is used to refer to an equitable idea,...more
Have you ever felt powerless in your job? Felt that there was no way you could have impact on the corporate environment?
Well, recent events have shown how the catalyst theory is alive and well in corporate America....more
It took three months, but the long-awaited report about Uber’s culture from former Attorney General Eric Holder and his law firm was published this week. You can read the 13-page report with its 47 recommendations. Uber’s...more
After a flurry of activity in February, the news has been relatively quiet at Uber until this week. We knew that reports of harassment by lady engineers triggered a massive investigation, and at the time, news reports...more