In this Friday’s Five, I discuss why people should be more open to attending jury duty. I sat for jury duty this week, but was dismissed after vior dire. I’ve served on two juries prior to this, and maybe it is the litigator in me, but I’ve found the process fascinating. Also, I’m tired
Ignoring these legal notices can create liability for California employers
Happy Friday! This Friday’s Five provides five legal requests and/or notices that, if ignored, can create huge liability for a California employer.
1. Requests for personnel records and time records
There are many different Labor Code provisions that obligate the employer to provide current and former employees with a copy of their personnel files and/or
Friday’s Five: When employers can be liable for supervisor’s conduct
Employers are strictly liable for the actions of its supervisors, managers or agents under the doctrine 
of respondeat superior. Here are five key concepts employers must understand about the liability that could be created by managerial employees.
1. Respondeat superior holds employers automatically liable for actions by managers
The respondeat superior doctrine provides that “an
Understanding joint employer liability
Joint employer liability can arise in many different contexts, such as when using staffing agencies, management companies, or in even in the franchise context. Companies must understand the factors a court could apply in determining if a potential joint employer relationship exists between the two entities to avoid being potentially liable for employment lawsuits filed
California Supreme Court closes out 2016 with monumental ruling on employer’s obligations to provide rest periods
In Augustus v. ABM Security Services, Inc., the California Supreme Court issued a ruling on employer’s obligations to permit employees to take “off-duty” rest periods. The Court’s ruling ends 2016 with a major ruling on issues surrounding rest periods under California law.
The plaintiffs worked as security guards for defendant ABM. The employer required
Friday’s Five: Los Angeles City employers cannot seek criminal background information beginning in 2017
Mayor Garcetti signed into law the “Los Angeles Fair Chance Initiative for Hiring” ordinance on December 7, 2016. The law takes effect January 22, 2017. The Mayor’s holiday gift to employers leaves only a couple of weeks to them to change applications and hiring processes to comply with the new ordinance. This Friday’s Five lists
Five things to know about reporting time pay under California law
Califo
rnia employers cannot forget about detailed employment provisions such as reporting time pay. This Friday’s Five provide a list of five things California employers should understand about reporting time pay:
1. What is reporting time pay?
California law requires an employer to pay “reporting time pay” under the applicable Wage Order. This requires that
Five negotiation tactics used in mediations that litigants must understand
Having just attended the Advanced Mediation Conference hosted by the State Bar of California Labor and Employment Law Section, it occurred to me how intimidating a mediation can be for even sophisticated business operators. I wanted to share five concepts brought up at the conference that I would like all of my clients to understand
Five of the most asked questions by California employers
I hope everyone is having a great Thanksgiving weekend. This Friday’s Five is about five common questions I’m receiving from California employers at the close of 2016.
1. Does the legalization of recreational use of marijuana in California with the passage of proposition 64 change employer’s rights to prohibit it in the workplace?
No. Proposition
U.S. Federal Court judge puts DOL overtime rules on hold
Employers across the nation have been preparing to increase salary levels for managers to meet the higher salary level requirements implemented by the Department of Labor earlier this year under the Fair Labor Standards Act (FLSA). The DOL rules were set to take effect on December 1, 2016, and require that employers must pay employees