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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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

Five videos all California employers should watch for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Happy New Year!  This Friday’s Five consists of five new video’s taken from a recent presentation I conducted on new employment laws facing California employers in 2016.  Wishing everyone the best in 2016. 2016 Update: California’s new equal pay protections: 2016 Update: Meal and rest break considerations: 2016 Update: Minimum wage increases state and locally:… Continue Reading

Five holiday considerations for California employers

Posted in Best Practices For California Employers, Employee Handbooks, Uncategorized, Wage & Hour Law
Merry Christmas and Happy Holidays!  I have been enjoying the excellent skiing in the Eastern Sierras (California’s snow pack is looking great this year).  So this week’s Friday’s Five article is a bit shorter, but I wanted to address five issues that the holidays create in regards to wage and hour issues in California: 1.    … Continue Reading

Friday’s Five: Five employment law areas to review for 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
As we approach the close of 2015, employers should take the time to review their employment law policies and practices.  I’m often asked where should the process start?  Here are five areas employers can focus on to start the audit process: 1.      Employee handbooks Employers need to ensure their policies are up to date, and… Continue Reading

Five immutable laws of California employment law

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Wage & Hour Law
SF Skyline1.     It does not matter if you are a start-up, mom and pop business, or a fortune 500 company, employment laws cannot be ignored.  While different laws do apply to larger employers, for the most part, every employer has to comply with roughly the same laws in California.  California’s paid sick leave requirement that took… Continue Reading

Friday’s Five: Five statistics from the EEOC that should get employer’s attention

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Wrongful Termination
EEOCThe EEOC recently disclosed its fiscal year 2015 performance report.  The report is a good reminder to employers of the issues that they may likely face EEOC scrutiny.  Here are five key statistics employers should pay attention to: 1.     EEOC obtained more than $525 million in discrimination suits.  Of this amount, the parties settled disputes… Continue Reading

Friday’s Five: Five Employment Law Considerations For 2016

Posted in Best Practices For California Employers, California Legislation Update, Class Actions, Employee Handbooks, Meal and Rest Breaks, New Cases, Resources, Wage & Hour Law
Today’s Friday’s Five is a short video about five employment law considerations employers should review at the end of 2015.  As mentioned in the video, I will be conducting a webinar on December 2, 2015 for employers to understand and comply with new employment laws taking effect in 2016.  I will also discuss new case… Continue Reading

Friday’s Five? The eleven factor test to determine if training time is compensable under California law

Posted in Best Practices For California Employers, Employee Handbooks, Expense Reimbursement, Meal and Rest Breaks, Wage & Hour Law
Employers that utilize interns, or who provide training to individuals that may lead to employment run the risk of having these individuals qualify as an employee, which would require the employer to comply with Labor Code requirements such as minimum wage, meal and rest breaks, and overtime pay.  The analysis is very difficult, and fact… Continue Reading

Friday’s Five: Five new California employment laws taking effect on January 1, 2016

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, Expense Reimbursement, Wage & Hour Law
I can hear the questions already, just five new laws taking effect on January 1, 2016?  No, there are many more, as I have previously written about, but here are five additional new laws employers need to understand going into 2016. 1.     Family members of whistleblower are granted protections and some employers are excluded from… Continue Reading

Friday’s Five: Facebook “likes” and employee’s calling employer “asshole” can be protected activities

Posted in Best Practices For California Employers, Employee Handbooks, New Cases, Terminations, Wrongful Termination
FB mehJillian Sanzone worked for Three D, LLD, d/b/a Triple Play Sports Bar and Grille, as a waitress and bartender and Vincent Spinella worked as a cook.  The employees realized that they owed more money in State income taxes than expected and complained to the employer.  Sanzone, Spinella, and another former employee, Jamie LaFrance, began posting… Continue Reading

Five ways companies can best utilize employment attorneys

Posted in Best Practices For California Employers, Employee Handbooks
It may not be a topic on the minds of many business owners, human resource managers, or in-house counsel, but developing an effective relationship and engaging employment law counsel is essential in saving the company money and avoiding litigation. This Friday’s Five is a video in which I discuss five ways companies should be engaging… Continue Reading

Can employers obtain e-signatures on Forms I-9 and store them electronically?

Posted in Best Practices For California Employers, Employee Handbooks, Resources, Technology & Law
With more employers moving to digital personnel files, there is some concern about whether certain documents can be stored electronically or if the original document is necessary.  Generally, with the passage of the Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) by most states, e-signatures are given… Continue Reading

Friday’s Five: Organ donation, accommodation law effective 2016, and tips employers need to know now!

Posted in Best Practices For California Employers, California Legislation Update, Employee Handbooks, New Cases, Wrongful Termination
In July 2015, Governor Brown signed legislation designed to overturn the decision in Rope v. Auto-Chlor System of Washington Inc.  The case involved an employee who was asking his employer for an accommodation to take a future leave of absence in order to donate a kidney to his sister.  As discussed below, the case raises… Continue Reading

Friday’s Five: Credit checks for applicants or employees

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Wage & Hour Law, Wrongful Termination
This Friday’s Five discusses five issues California employers should remember about whether they may require credit checks from applicants or employees.  And if employers can obtain the information, what additional considerations they should take into account when using this information for employment decisions and privacy concerns. 1.      Credit checks are different than background checks. Since… Continue Reading

Friday’s Five: Issues That Should Be On Every Employer’s Radar

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Exempt Employees, Meal and Rest Breaks, Wage & Hour Law
Speaking with some clients, I sense their overwhelming confusion in setting up employment policies in California. While it can be a daunting task, I remind them that the key is to approach it in a systematic process, and once the system is in place, compliance can be very easy. While there are many issues employers… Continue Reading

Friday’s Five: When employers may be required to pay employees to “do nothing”

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, New Cases, Wage & Hour Law
Even though employers allow employees to watch TV, surf the Internet, or even sleep, depending on the circumstances such on-call time, even if the employee is not doing any work, still may be required to be paid by the employer.  It has been clear since the 1940’s that employers have the obligation to pay employees… Continue Reading

Friday’s Five: Five Terms To Include In Job Offer Letters

Posted in Best Practices For California Employers, Employee Handbooks, Exempt Employees, Uncategorized
Hiring new employees? For the next job offer, instead of relying on the old job offer letter you have a lawyer review in the 1990’s, it is recommended to review the offer letter to ensure it is up to date with current law. While some of the items discussed below are not necessarily new aspect… Continue Reading

Governor signs bill to amend California’s paid sick leave law 13 days after employees begin accruing paid sick leave.

Posted in Best Practices For California Employers, Employee Handbooks, Resources
Are you tired of employment lawyers’ obnoxious headlines asking if you are sick over California’s paid sick leave law yet?  I’ll spare you the play on words and get to some of the major amendments to California’s paid sick leave law, which took effect immediately upon the Governor’s signature of AB 304 on July 13,… Continue Reading

Presentation: General rules to comply with California’s paid sick leave law

Posted in Best Practices For California Employers, Employee Handbooks, Resources, Wage & Hour Law
I’ll be posting some short clips of a recent presentation I conducted on complying with California’s paid sick leave law.  In this first video, I discuss some general rules California employers need to consider to comply with the July 1, 2015 deadline to offer paid sick leave to employees.  Topics include: how to calculate pay… Continue Reading

Friday’s Five: on-call time under California law

Posted in Best Practices For California Employers, Class Actions, Employee Handbooks, Wage & Hour Law
Businesses that have employees on standby waiting to be called for work must review whether this on-call time needs to be paid time.  It is a very fact intensive inquiry, that employers must ensure they get correct.  Any mistake in not paying employees for compensable on-call time can result in potential exposure for overtime, minimum… Continue Reading
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