California Employment Law Report

California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

Archives: Employee Handbooks

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California Supreme Court agrees to review Starbucks’ de minimis defense

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
Coffee cupDouglas Troester filed suit alleging that Starbucks violated the California Labor Code by failing to pay him for short periods of time he spent closing the store.  He alleged that Starbucks failed to pay him for time spent walking out of the store after activating the security alarm, for the time he spent turning the… Continue Reading

Five reminders about sexual harassment training for supervisors under California law

Posted in Best Practices For California Employers, Employee Handbooks
I’ve been conducting many harassment prevention trainings for clients during the last few weeks.  Employers in California with 50 or more workers must provide at least two hours of sexual harassment prevention training to all supervisors.  The regulations regarding the training is becoming more and more detailed.  Therefore I thought it would be good to… Continue Reading

Seminar: Top employment law issues facing California restaurants

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Seminar, Wage & Hour Law
I wanted to share an opportunity for readers to attend my seminar conducted by the Restaurant Advisory Group on September 13, 2016.  The topics I’ll cover include the top five pitfalls facing California employers and how to comply with the new minimum wage increases taking effect at the local levels throughout Southern California.  The cost… Continue Reading

Five misunderstandings about disciplining employees

Posted in Best Practices For California Employers, Employee Handbooks, Resources, Terminations, Wrongful Termination
EmployeesWorking with employers are various sizes, backgrounds, sophistication, and industries, I’ve seen a lot of confusion and simple misunderstandings about what constitutes employee discipline and how to properly document employee performance issues or discipline.  This Friday’s Five addresses five common misunderstandings I’ve seen recently about employee discipline and documentation: 1. If it was not a… Continue Reading

Five myths about California employment law

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
Golden Gate BridgeThis week’s Friday’s Five covers five misconceptions about California employment law that can land employers in a lot of hot water: Meal and rest breaks seem so trivial. The topic for the uneducated (or out of state) employer does seem trivial.  However, with the penalty owed to employees of one hour of pay for each… Continue Reading

Los Angeles area employers: checklist to comply with July 1 minimum wage and paid sick leave laws

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Resources, Wage & Hour Law
Next week Los Angeles employers need to comply with new minimum wage and paid sick leave requirements.  I have written about the new laws a lot recently, but wanted to provide five items in today’s Friday’s Five to review in ensuring your company is ready for the new laws for next week’s deadlines: Understand where… Continue Reading

Five local minimum wage and paid sick leave laws applicable to Southern California

Posted in Best Practices For California Employers, Employee Handbooks, Wage & Hour Law
Welcome to this weeks Friday’s Five.  In the last two weeks in early June 2016, many local governments in Southern California have passed laws increasing the minimum wage and the amount of paid sick leave benefits to employees.  This Friday’s Five is a summary of five minimum wage and paid sick leave requirements that employers… Continue Reading

Five things to know about biometrics in the workplace

Posted in Best Practices For California Employers, Employee Handbooks, Privacy, Resources, Technology & Law
biometricsFingerprint scans, facial recognition, and retinal scans only a few years ago sounded like farfetched futuristic technology, but given the quickly advancing technology, these items are being used more and more in the workplace.  Today’s Friday’s Five discussed five items California employers should know about their legal obligations regarding the employee’s biometric information obtained during… Continue Reading

Employment law mid-year update and mixer

Posted in About the California Employment Law Report, Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Seminar, Wage & Hour Law, Wrongful Termination
Join me for a seminar for a mid-year update on California employment law issues.  Learn how to keep your company compliant with new developments in California.  Topics will include: Top five pitfalls facing California employers in 2016 How to prepare for the Department of Labor’s changes to the overtime rules going into effect on December… Continue Reading

Five topics California’s sexual harassment training must include

Posted in Best Practices For California Employers, Employee Handbooks, Resources
Employers in California with 50 or more workers must provide at least two hours of sexual harassment prevention training to all supervisors.  The requirements of what topics this training must include has changed since AB 1825 was passed requiring the training.  For example, AB 2053 required as of January 2015 “prevention of abusive conduct as… Continue Reading

Five employment law developments in California

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, New Cases, Technology & Law, Wage & Hour Law
A lot was happening this week in California’s employment law.  This week’s Friday’s Five is a round-up on the highlights: 1.       Los Angeles City Council votes to require employers to provide 6 days of paid sick leave. The LA City Council approved a measure to require employers to provide employees up to six paid sick… Continue Reading

New anti-harassment obligations effective April 1, 2016

Posted in Best Practices For California Employers, Employee Handbooks
California’s Fair Employment and Housing Council published new regulations pertaining to anti-discrimination and anti-harassment requirements effective April 1, 2016.  Employers need to review and potentially update their policies in order to meet the new requirements. The full text of the regulations can be obtained here.… Continue Reading

Five general rules California employers should understand about employment contracts, non-competition and non-solicitation agreements

Posted in Best Practices For California Employers, Employee Handbooks, Terminations, Wrongful Termination
Friday’s 5 is here.  This post covers five issues that commonly arise when dealing with employment contracts and non-competition/non-solicitation agreements.  It is a very broad area to discuss, so, as always, this is a very general overview.  However, employers and executives alike should have a basic understanding about the legalities and enforceability of such clauses… Continue Reading

Criminal background information in California: Five items to understand

Posted in Best Practices For California Employers, Employee Handbooks, Resources
Generally, California employers must comply with the following rules governing whether they may obtain criminal history information when conducting background checks for applicants or employees: Employers cannot consider prior arrests not leading to conviction in employment decisions. Employers cannot seek information or rely on information pertaining to referral to diversion programs. California prohibits employers from… Continue Reading

Lessons from Yelp: Responding to employee complaints on social media

Posted in Best Practices For California Employers, Employee Handbooks, Technology & Law, Terminations, Wrongful Termination
Today’s Friday’s Five focuses on five aspects of responding to employee’s complaints made on social media.  Yelp has been in the news recently (Another ex-Yelp worker is calling the company out after being fired, CNNMoney; Yelp’s Tweet About Fired Employee Could Spell Legal Trouble, Inc.com [I was quoted in this article]), for how it responded… Continue Reading

Five things to understand about conducting terminations

Posted in Best Practices For California Employers, Employee Handbooks, Resources, Wrongful Termination
Terminations.  It is not a subject you cover in management class, or any class for that reason.  But yet the termination process is one of the more common business decisions that will receive the most scrutiny, and are probably the most legally challenged decisions in the workplace.  In addition, terminations trigger immediate legal obligations that… Continue Reading

Five point checklist: sexual harassment and reducing liability in the workplace

Posted in Best Practices For California Employers, Employee Handbooks, Resources
Employers need to review their compliance with California’s sexual harassment training requirements on a periodic basis.  When doing so, it is a good time to update policies and remind employees about the company’s policies on a routine basis – not just when a complaint is made.  This Friday’s Five provides reminders about sexual harassment training… Continue Reading

Don’t forget to update wage information on notices required by Wage Theft Protection Act in 2016

Posted in Best Practices For California Employers, Employee Handbooks, Wage & Hour Law
California employers are required to provide non-exempt employees with certain information upon hire as required by the Wage Theft Protection Act.  The law became effective in 2012 and is codified at Labor Code section 2810.5.  Many employers use the Labor Commissioner’s template (embedded below) to meet their legal requirement, and will pre-populate the items in… Continue Reading

Can/should companies follow employee’s on social media? Gary Vaynerchuk weighs in

Posted in Best Practices For California Employers, Employee Handbooks, Privacy, Technology & Law, Terminations, Wrongful Termination
Gary Vaynerchuk discusses how he uses social media to engage with his 500 or so employees and addresses the risks on The Ask Gary Vee Show, episode 176 (video below).   Gary made his career using social media, and continues to do so in running his digital media company, Vayner Media.  So it does not come… Continue Reading

Five reminders for paid sick leave at the start of 2016 for California employers

Posted in Best Practices For California Employers, Employee Handbooks, Resources
I’ve been fielding a lot of questions from clients about California’s paid sick leave at the beginning of 2016.  There has been a lot of confusion about accrual rates and tracking paid sick leave for employees, and if the employee’s paid sick leave accrual re-sets at the beginning of the calendar year.  This week’s Friday’s… Continue Reading

Five action items to start 2016 off right

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Resources, Wage & Hour Law
I cannot believe it is already Friday, and one week done in 2016.  This Friday’s Five focuses on a few action items for employers can use to start a review of their employment policies for 2016.  1.      Ensure the new hire packets contain all required information for employees.  If employers do not have a standard… Continue Reading
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