California Employment Law Report

California Employment Law Report

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

Archives: Employee Handbooks

Subscribe to Employee Handbooks RSS Feed

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

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
.