Legal updates
Proposed Employment Legislation Pending in California
California employers may want to be aware of a number of employment-related bills still pending before the California Legislature, some of which are listed below. Pending bills must be passed by each house by August 31. After that, the Governor has until September...
read moreEmployee’s Refusal to Sign Disciplinary Notice is Misconduct
In a recent decision the California Appellate Court determined that an employee who was terminated for refusing to sign a disciplinary notice had committed misconduct under the Unemployment Insurance Code, and thus was not entitled to unemployment insurance benefits....
read moreThe Summer Is Hot and Clothing Is NOT Optional
As the weather heats up during the summer months, some employees may take it upon themselves to modify the manner in which they dress, and some companies may also wish to implement a more casual summer dress code. Either of these situations require some attention to...
read moreFalse Harassment Report Leads to Disciplinary Action
Californian court recently held that it was not retaliation when the employer took disciplinary action against an employee who filed a false report of harassment. (Joaquin v. City of Los Angeles) In this case, a police officer sued the City of Los Angeles, claiming...
read moreMinimize Absenteeism with Strict Attendance Policy
As employers recognize there are circumstances when employees have legitimate reasons to be absent or tardy, or employees may need to leave early to attend to personal matters. There are other times however when employers suspect that an employee's stated reason for...
read moreNo Recovery of Attorney’s Fees in Meal and Rest Break Cases
Under California law, it is the general principal that each side pays its own attorney's fees. However, many laws specifically entitle the "prevailing party" to recover reasonable attorney's fees from the losing party. Other provisions of the Labor Code provide that...
read moreThe ADA Does Not Protect Medical Marijuana Use
Under California law, it has been well established that an employee who uses medical marijuana is not protected under the Fair Employment and Housing Act (FEHA). Because there is no legal protection for the use of medical marijuana at work, employees may not report to...
read moreLabor Commission Makes Changes to Wage Theft Protection Act Notice
The Department of Labor Standards Enforcement (“DLSE”) (commonly referred to as the “Labor Commissioner”) has revised the “Notice to Employee” that must be provided to newly hired non-exempt employees in accordance with the new regulations which became effective...
read moreNLRB Poster Deadline of April 30th Postponed…Again
As we have discussed in prior editions of the Newsletter, there has been considerable controversy and legal challenges regarding the legality of the NLRB’s mandate to require all employers covered by the National Labor Relations Act, (which essentially includes all...
read moreCourt Awards $700,000 Attorney Fees in Sexual Harassment Case
The California Court of Appeal upheld a jury verdict awarding $160,000 in damages and over $700,000 in attorney fees and costs to a former employee who alleged that two of her supervisors subjected her to hostile work environment sexual harassment under the California...
read more