Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause.  Position eliminations and reductions in force allow an employer to say goodbye to an employee without having to lay out the reasons for the separation on the employee’s door step.  It is, after all, easier to say the “business won’t support your continued employment,” than it is to say, “we don’t like your work.” While some people may embrace confrontation, my experience has been that most employers don’t like to frankly tell their employees that their work performance is inadequate.  Employers or managers can feel nitpicky, impolite, and discourteous, when they document an employee’s performance deficiencies. Continue Reading Trap for the Unwary: Elimination of the Position as Opposed to Termination for Cause

The following discussion concerns the California Fair Pay Act, and how to apply it.  If you are unfamiliar with the Act, you may wish to begin by reading this blog.

I get calls from employers asking: “When I group my employees by substantial similarity of work, how do I know that I am doing it correctly?”  These employers fear that someone – a Court, a plaintiff, or an employee – will come along and challenge the employer’s determination of who among its employees are engaged in “substantially similar” work.

The statute affirmatively requires employers to engage in that grouping.  Unlike earlier equal pay act legislation, California’s Fair Pay Act puts the burden of proving compliance with the statute on the employer.  Many employers are understandably concerned that their categorization of employees into groups of “substantial similarity” will be subject to criticism and attack.

The statutory language itself provides some relief to this anxiety.  The section says: Continue Reading California Fair Pay Act Confusion – Understanding California Labor Code Section 1197.5

Weintraub Tobin Shareholder, Beth West, shared her expertise and testified before the California Legislature’s Subcommittee on Sexual Harassment Prevention and Response on February 15, 2018. The hearing focused on the legal issues surrounding sexual harassment and Ms. West’s testimony identified challenges employers face in having effective anti-harassment programs in place, as well as some legal challenges employers face when complaints are filed. Continue Reading Attorney Beth West Testifies Before the California Legislature

In case you haven’t noticed, immigration has been a hot topic of discussion in the news lately. While debates over Dreamers and the wall have dominated those discussions, the workplace has been swept into it all as well. On the one hand, the federal government’s efforts to curb illegal immigration have reached the workplace via frequent raids of businesses suspected of employing undocumented workers.  On the other hand, California has deemed itself a “sanctuary state” and pushed back on these immigration sweeps via laws that punish employers who cooperate with federal authorities carrying out the raids.  The collateral damage in that fight may just be the employers who are stuck in the middle.  Employers who allow ICE agents into their business risk violating California law, but employers who turn the same agents away could find themselves in hot water with federal authorities.  What to do?   Fortunately, the state Labor Commissioner and Attorney General have jointly issued some guidance to aid employers in navigating these treacherous waters. Continue Reading California Labor Commissioner and Attorney General Jointly Answer “Frequently Asked Questions” on Immigration Sweeps

The federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) have long required large employers with 50 or more employees to provide unpaid job-protected parental leave for employees to bond with a new child. Effective January 1, 2018, the New Parent Leave Act (NPLA) extends similar parental leave requirements to California employers with 20 or more employees within a 75-mile radius.

The NPLA adds section 12945.6 to the Government Code, requiring these mid-size employers to provide up to 12 workweeks of unpaid job-protected leave for employees to bond with a new child within one year of the child’s birth, adoption, or foster care placement.  As with the FMLA and CFRA, employees must have worked for the company at least 12 months, and at least 1,250 hours during the preceding 12 months, to qualify for NPLA leave. Continue Reading Protected Leave For New Parents Now Applies to Mid-Size Employers in California