By: Brendan J. Begley A number of recent California appellate decisions reveal hidden traps that may ensnare employers in administrative proceedings involving employee claims for unemployment or workers-compensation benefits. Such proceedings typically appear routine and uncomplicated. Nonetheless, missteps in handling those routine and relatively low-risk claims can greatly increase an employer’s exposure to liability in a… Continue Reading
Tag Archives: Workers
Lizbeth West Co-authors “California Leave Law: A Practical Guide for Employers”
Posted in FMLA and Other Leaves of AbsenceCo-authored by Lizbeth West, Published by LexisNexis Book Highlights: How to navigate the complex issues surrounding family leave, military leave, worker’s compensation and personal time. Insightful analysis of the key employment features to keep in mind when dealing with leave law in California. Determinative considerations in accounting for the many different California and federal rules… Continue Reading
Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws
Posted in FMLA and Other Leaves of Absence, Labor LawEmployers continue to grapple with this very difficult area of employment law. It is not enough to focus on just one law when an employee is unable to work or is absent from the workplace due to some medical condition or injury suffered by the employee or his or her family member. Instead, employers need… Continue Reading
NLRB Continues Crackdown on Company Social Media Policies
Posted in Labor LawBy: James Kachmar Those of you who attended our November 15, 2012 seminar, “Risks and Benefits of Social Media and Computers in the Workplace,” heard us discuss recent actions taken by the National Labor Relations Board (“NLRB”) regarding Social Media Use Policies adopted by employers to address the many issues that may arise with the… Continue Reading
Really? Again? – Another California Case Finds that the Parties’ Arbitration Agreement Will Not Govern their Dispute -in this Case a Dispute Centered on Whether or Not the Workers Were Independent Contractors or Employees
Posted in Employment Contracts and Agreements, Labor Law, Wage & HourBy: Lizbeth V. West, Esq. There is a relatively long list of California cases that stand for the proposition that certain types of employment disputes are not subject to arbitration. On October 17, 2012, the Second District Court of Appeal’s decision in Elijahjuan et al v. Superior Court of LA County (Mike Campbell & Associates, Ltd.,… Continue Reading
Employee Flare: I Will Have a Venti, Half-Caf., Cappuccino – Hold the Union Propaganda
Posted in Labor LawIt is 6am and I am on my way to the San Francisco Bay Area for a deposition. I stop at my favorite Starbucks for a boost. The barista’s are always helpful and courteous. However, do I really need to be faced with the modern day equivalent of the 1980s TGI Friday’s server? According to… Continue Reading
Employers Beware – The Crackdown Continues
Posted in New Legislation and Regulations, Wage & HourThe State of California Signed an MOU with the Federal Department of Labor Together They Will Locate and Punish Those Who Misclassify Independent Contractors By: Lizbeth V. West, Esq. In my November 4, 2011 post, I discussed a new California law (Labor Code § 226.8) that imposes serious monetary fines and other sanctions against those… Continue Reading
New Wage Requirements for Employers of Temporary Service Employees (SB 940)
Posted in New Legislation and Regulations, Wage & HourEffective January 1, 2009, Senate Bill 940 creates new wage and hour requirements for temporary service employers. Along with adding section 210.3 to the California Labor Code, SB 940 also amends sections 203, 203.1, 204, 210, 215, 220, and 2699.5 of the Labor Code. Existing law requires that employers pay their employees twice during each… Continue Reading