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Tag Archives: Employee

Employers May Be Liable For Violence Away From Work

Posted in Employee Privacy Rights, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

Intentional torts committed by employees are difficult for employers to both anticipate and protect against. When an employee commits a criminal act against another employee or a third party, the law generally considers whether the employer knew or should have known that the employee posed a danger in deciding whether a duty to protect against… Continue Reading

Notice To Employers – Audit Your Compensation Plans Based On The Increase To California’s Statutory Minimum Wage

Posted in New Legislation and Regulations, Wage & Hour

By: Lizbeth V. West, Esq. On September 25, 2013 Governor Brown signed Assembly Bill 10 into law. Under the new law the statutory minimum wage for California employees will increase from $8 per hour to $9 per hour as of July 1, 2014. Then, on January 1, 2016, the statutory minimum wage will increase to $10… Continue Reading

Want to Organize Your Employer? There’s An App for That: NLRB Launches Mobile App to “Educate” Employees About the NLRA

Posted in Labor Law

August 30, 2013 will soon be remembered as the day the current National Labor Relations Board (NLRB) turned a corner and became a full-fledged advertising agency for union organization. On that day, the NLRB announced the release of a free NLRB mobile app for mobile smartphone users. Under the guise of “educating” employees about the… Continue Reading

Food and Beverage Companies Beware: New Risks Associated with Whistleblower Protections Under the Food Safety Modernization Act

Posted in Labor Law

The FSMA is the most extensive change to the U.S. food safety system in more than 70 years. Signed into law in 2011, the FSMA directs the U.S. Food and Drug Administration (FDA) to issue numerous regulations directed toward enhancing food safety and minimize the risk of foodborne illnesses. As with almost every law nowadays,… Continue Reading

Upcoming Seminar – Overtime or No Overtime: How to Properly Analyze the Exempt Status of Employees

Posted in Labor Law, Wage & Hour

Summary of Program The ever increasing number of claims filed with the Department of Labor and California Labor Commissioner for unpaid overtime, and the increasing number of wage and hour class action lawsuits, highlight the importance of correctly classifying employees as exempt or non-exempt. This seminar is designed to help employers and HR professionals gain… Continue Reading

Court Holds Volunteer is NOT an Employee under FEHA

Posted in Disability Discrimination, Discrimination, Labor Law

By:  Chelcey E. Lieber In Estrada v. City of L.A. (Case No. B242202), the Court of Appeal of California (Second Appellate District) held that Estrada, formerly a volunteer Police Reserve Officer for the City of Los Angeles, was not an employee for purposes of the California Fair Employment and Housing Act (“FEHA”), even though the City… Continue Reading

Who is the Supervisor? Supreme Court Resolves Long Simmering Question Under Title VII

Posted in Harassment, Labor Law

By:  Chuck Post In Vance v. Ball State University, the Supreme Court clarified a long open question, “Who is a supervisor under Title VII?” The question is important because employers are directly responsible for employee harassment by a supervisor. In the case of worker harassment of a co-worker, however, employer liability is less direct. In the… Continue Reading

Non Union Employers Beware: OSHA Has Just Become A Union Organizer

Posted in Labor Law

In a little publicized letter of interpretation, dated April 5, 2013, the Occupational Safety and Health Administration (OSHA) announced for the first time that during an OSHA inspection of non-union worksites, employees can be represented by anyone selected by the employees including outside union agents. In so doing, the letter, issued to the Steelworkers Union… Continue Reading

IRS Gives Employers Guidance on the Employer Shared Responsibility Provisions of the Affordable Care Act

Posted in Labor Law, New Legislation and Regulations

By:  Shauna N. Correia Employers should be planning ahead for the January 1, 2014 implementation of the “Employer Shared Responsibility” provisions of the Affordable Care Act. That is because the average number of workers a company employed during 2013 will determine whether an employer is a “large employer,” and must offer minimum levels of health… Continue Reading

Facebook Pictures Enough for the Sixth Circuit to Uphold the Employer’s “Honest Belief” Defense (Sara Jaszczyszyn v. Advantage Health Physician Network)

Posted in FMLA and Other Leaves of Absence, Labor Law

By:  Chelcey E. Lieber Let’s say an employee was “completely incapacitated” and needs to take leave due to a back injury. The employee is granted leave, but then terminated while on leave. This sets the perfect stage for a successful interference and retaliation claim, right? The Court in Jaszczyszyn v. Advantage Health Physician Network disagreed… Continue Reading

See’s Candy Decision a Halloween Treat for Rounding Punch Times

Posted in Wage & Hour

By:   Brendan J. Begley Right in time for Halloween, See’s Candy Shops, Inc., has managed to sweet talk the California Court of Appeal into giving a sugary treat to employers in terms of wage-and-hour laws. According to the decision in See’s v. Superior Court, California employers might be able to use a “timekeeping policy that… Continue Reading

Governor Brown Signed AB 2103 to Make Clear that “MUTUAL WAGE AGREEMENTS” ARE ILLEGAL IN CALIFORNIA

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

By:   Lizbeth V. West, Esq. As the L&E Law Blog readers may recall from the August 31, 2011 blog post and the teleseminar I conducted on September 14, 2011, the court in Arechiga v. Dolores Press, Inc. (2011) 192 Cal. App. 4th 567 was the sole California decision that held that “mutual wage agreements” were legal… Continue Reading

Don’t Ask for Passwords – Restrictions on Employer Use of Employee Social Media Accounts and Information is Now Law

Posted in Labor Law, New Legislation and Regulations

By: Charles L. Post AB 1844 is now law. Among other things, it: (1)      prohibits an employer from requiring or requesting an employee or applicant for employment to disclose a user name or password for the purpose of accessing personal social media or to require the employee or applicant to access personal social media in… Continue Reading

Another Door Closes on Non-Compete Agreements

Posted in Employment Contracts and Agreements, Trade Secrets and Competition

By:       James Kachmar Readers of this blog will note that we frequently remind them that California law generally prohibits non-compete agreements. There are very limited exceptions to this general rule, one being that the seller of goodwill in a business can be bound by a valid non-compete agreement to protect the goodwill that is being purchased. Sometimes,… Continue Reading

Employers: Relying on an Arbitration Provision In Your Employee Handbook May Not Protect You

Posted in Employment Contracts and Agreements

By:James Kachmar As this blog frequently reminds its readers, California state courts take a hard look at arbitration agreements in the employment context. The recent case: Sparks v. Vista Del Mar Child & Family Services, from the Second Appellate District of California provides additional support for why employers need to be extra careful in establishing… Continue Reading

Employers – Have You Checked Your Documents Lately?

Posted in Employment Contracts and Agreements, Labor Law

By: James Kachmar As you know, documentation is essential to performing even routine HR functions. You have potential employees fill out numerous pre-hire documents. You have employees sign employment agreements and other documents when hired. During the course of employment, you have employees sign additional documents, such as acknowledgments regarding your employee handbook, change in… Continue Reading

Court Invalidates Portions of Recent NLRB Posting Rule

Posted in Labor Law

By:     Chelcey E. Lieber On March 2, 2012, United States District Court Judge Amy Berman Jackson invalidated portions of the National Labor Relations Board’s recent “Notification of Employee Rights” rule, which, as previously discussed in our posts, requires private employers to post a notice to employees explaining their rights under the National Labor Relations Act… Continue Reading

California Pre-Employment Arbitration Agreement Ruled Unconscionable

Posted in Employment Contracts and Agreements

By:     Chelcey E. Lieber Including arbitration provisions in employment agreements or employee handbooks is not a guaranteed way to avoid the courtroom. On January 3, 2012, the California Court of Appeal upheld a decision from the Sacramento County Superior Court holding that an arbitration provision contained in a pre-employment agreement was unconscionable, and, therefore, unenforceable.

Non-Union Employers Beware – You Are Likely Required To Post The NLRB’s New “Employee Rights” Poster

Posted in Employee Privacy Rights, Labor Law, New Legislation and Regulations

By:       Lizbeth V. West, Esq. On August 30, 2011, the National Labor Relations Board (“NLRB”) adopted a rule that would require certain employers, including non-union employers to post a notice to employees explaining their rights under the National Labor Relations Act (“NLRA”). The implementation date was originally set for November 14, 2011. However, due to a number… Continue Reading

2012 Brings A Whole New Set Of Obligations And Challenges For California Employers – Failure To Comply Could Be Devastating

Posted in Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

By:       Lizbeth (“Beth”) West, Esq. Governor Brown signed a significant number of bills into law during the 2011/12 legislative term, many of which will have a direct impact on almost every California employer, regardless of size. Many laws impose new obligations on employers and prevent employers from engaging in what they may otherwise thought was previously… Continue Reading

The Changing Face of the NLRB

Posted in Labor Law

Traditional labor law in this country has essentially been a non-issue over the past decade. Today unions represent 12% of all American workers (7.4% in the private sector), down from a high of 35% in 1955. However, thanks to the recent dramatic shifts in Washington, this trend may soon be changing. Labor law in the… Continue Reading