Advising Employees to Maintain Information Confidential Violates Section 7 of the NLRA Most private employers are under the impression that the National Labor Relations Act (NLRA) and the governing National Labor Relations Board (NLRB) only govern union employment...

As was discussed in prior our Newsletters, effective January 1, 2013, all commission agreements must be put in writing. The amendment to the Labor Code applies to all employers whether or not located within California, with employees located within the state....

An employer is obligated to pay all “hours worked” by a non exempt employee.  “Hours worked” includes all time the employee is “required or permitted to work, whether or not required to do so.” In Section 2 of Wage Orders 4 and 5 (which govern Professional, Technical...

Employers should continue using the current Form I-9 until further notice. This form has a control number expiration date of August 31, 2012. The United States Citizenship and Immigration Services states that this form should continue to be used even after August 31,...

Governor Brown recently signed AB 1964, which will modify the California Fair Employment and Housing Act's (FEHA) relating to discrimination based on one's religious beliefs. While religious beliefs have always been included in FEHA as a “protected classification” and...

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...

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....

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...

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...

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...

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...

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...

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...

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...

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...

There will be times when an employee presents a complaint regarding some workplace conduct. Depending on the nature of the complaint, the process that should be used in handling such employee complaints should not be overly complicated. Once the complaint is received,...

Many employers are of the belief that if they hire an insurance company, bank or financial institution to administer their 401(k), pension, health and welfare (including group medical, dental and vision plans) or Section 125 (cafeteria) plans, they no longer have...

Under California, law which became effective January 1, 2012, (see our Year End 2011 Newsletter), employers are required to continue to maintain and pay for health coverage under a group health plan for eligible female employees who take a Pregnancy Disability Leave...

In the recent weeks there has been considerable controversy over employers seeking to require applicants to provide the passwords to their Facebook accounts or other social media sites as part of the application process and as a condition of hiring. The issue has...

It is becoming increasingly difficult, according to many studies, for unemployed persons to find employment if they disclose that they are “unemployed”.  As a result, legislation has recently been introduced on the state and federal level to make amendments to the law...

California wage and hour laws provide that certain employees, such as executives, managers and administrative employees, are  “exempt” and  are not regulated by certain aspects of the Labor Code and the IWC Wage Orders, specifically  in relation to overtime...

For years it has been an acceptable practice for California employers to “round” up or down the recorded work time of their employees for payroll purposes, as long as the rounding practices followed the Labor Commissioner’s guidelines and did not serve as a method to...

Employers with 50 or more employees are currently covered by both the California Family Rights Act (CFRA) and the federal Family and Medical Care Act (FMLA) which permits employees who have worked more than 1250 hours in the most recent 12 month period of time to take...

Courts are regularly asked to review arbitration agreements relating to employment claims and more and more often are finding them to be invalid for a variety of reasons.  In a recent case, yet another court found an employer’s arbitration agreement invalid as to...

The Brinker Decision.... the Court Finally Rules What It All Means On April 12, 2012 the California Supreme Court has finally ruled on the long awaited and anticipated decision in Brinker v. Superior Court regarding the obligations of an employer to ensure or simply...

Employers must understand their legal obligations when an applicant or employee asserts that they are disabled, or when an employer regards the person as disabled, or if the person has a record of a disability. Failing to understand the strict legal requirements can...

Many employers have employee handbooks that are disseminated to new employees at the time of hire. However, with the dynamic nature of the laws affecting employers, it's important to routinely audit your handbook to ensure compliance with state and federal laws. But...

The National Labor Relations Board ("NLRB") announced that it has again postponed the implementation of the new rule requiring private sector employers who are subject to the National Labor Relations Act ("NLRA") to post a notice which informs employees of their...

As was reported in our previous newsletters, the California Supreme Court heard oral argument on the Brinker case on November 8th. And under the Rules of Court, the Supreme Court is required to issue decisions 90 days after a case is submitted, so a decision was...

Disability discrimination litigation seems to be on the rise. For this reason, it is critical for employers to understand their obligations and the protections provided to employees and applicants under both state and federal laws. These laws provide that individuals...

As discussed in our Year End Newsletter, one of the laws affecting California employers, effective January 1, 2012, is the requirement to provide a notice to new hires which complies with newly enacted Labor Code §2810.5(a) entitled Wage Theft Protection Act of 2011....

The IRS issued the 2012 optional standard mileage rates used to calculate the deductible costs of operating an automobile for business purposes. Beginning January 1, 2012, the standard mileage rates for the use of a car (also vans, pickups or panel trucks) will be...

Remember that under the recent revisions to the laws governing Pregnancy Disability Leaves as contained in Gov’t Code §12945, employers are required to maintain health insurance coverage for the duration of the pregnancy disability l eave, not to exceed 4 months (in a...

The California Court of Appeal recently found that employees are not entitled to "reporting-time pay" when they report to work for a scheduled shift (such as for a meeting) and work at least one-half of the scheduled time, even when that time is less than two hours....

Governor Brown was busy signing new legislation this year which impacts California employers. Below is a list of the more significant laws that will impact operations and which require your immediate attention for compliance. Unless specified, all new legislation goes...

Finally, after waiting for three years from the time the case was originally granted review, the California Supreme Court will hear oral arguments in Brinker Restaurant Corporation v. Superior Court on November 8, 2011, and (eventually) determine whether an employer's...

In yet another unfavorable decision in yet another wage and hour lawsuit, the Court recently decided that an employer who prevailed in a wage and hour case is not entitled to recover its attorneys' fees under Labor Code Section 218.5, even though Section 218.5...

With March Madness approaching, it is not an uncommon situation for office pools to be organized by co-workers. While this may seem like a fun and harmless workplace activity, promoting teamwork and enhancing morale, such "gambling" actually can place the employees...

Update the Handbook:. Time flies so has it been a few years since you last reviewed and updated your employee handbook? 2011 might the year to add or revise policies relating to: cell phone use at work and on the road; use of social networking media at work; the...

On February 16, 2011 the California Court of Appeal issued a ruling that is going to significantly increase the number of meal and break lawsuits and will make settlement of these claims more expensive! California law provides an employee is entitled to be paid one...

In a move that has employers concerned about increased wage and hour litigation, the Wage and Hour Division (WHD) of the U.S. Department of Labor, in conjunction with the American Bar Association (ABA), has created an Attorney Referral System which will provide...

An increasing number of wage and hour lawsuits and administrative wage claims before the Division of Labor Standards Enforcement include claims based upon the automatic deduction of meal periods. In many instances, employees do not actually clock out and in for lunch....

In many of the wage and hour lawsuits being filed under the Federal Fair Labor Standards Act (FLSA), Plaintiffs seek to hold some individuals personally liable for claims of unpaid wages and overtime. Most businesses assert that only the company should be liable for...

In Green v. Laibco, LLC, the California Court of Appeal upheld an award of over $1Million in attorney fees and $1 Million in punitive damages in a wrongful termination action filed pursuant to the Fair Employment and Housing Act (FEHA) and on other claims. Subsequent...