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 separate civil action alleging wrongful termination, harassment, discrimination, retaliation, or similar claims.Continue Reading Traps for Employers in Routine Unemployment and Workers Comp Proceedings
Workers
Lizbeth West Co-authors “California Leave Law: A Practical Guide for Employers”
By Ramona Carrillo on
Posted in FMLA and Other Leaves of Absence
Co-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
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Upcoming Seminar: The Complex Web of Federal, State and Local Leaves of Absence Laws
By Ramona Carrillo on
Posted in FMLA and Other Leaves of Absence, Labor Law
Employers 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…
NLRB Continues Crackdown on Company Social Media Policies
By Ramona Carrillo on
Posted in Labor Law
By: 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 increased use of social media (Facebook, LinkedIn, Twitter, etc.) by their employees. As we mentioned, the NLRB was slow to address the issue of social media in the workplace. However, the NLRB has recently become much more active and more critical in how it views social media policies and their impact on the rights of employees to organize.Continue Reading NLRB Continues Crackdown on Company Social Media Policies
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
By Ramona Carrillo on
By: 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., et al., as real parties in interest – referred to herein as “Defendants”) added to that list disputes between parties as to whether or not workers are in fact employees rather than independent contractors.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