California employers face a law (AB 2674) taking effect on January 1, 2013 (click here for a list of other new employment laws effective in 2013), which changes their duties to maintain and provide personnel records to current and former employees. The law amends Labor Code section 1198.5 pertaining to "personnel records". When
New Laws Facing California Employers In 2013
There are some significant changes regarding California employers’ duties in 2013. This list is an overview of the major changes that employers should consider and be aware of at the beginning of 2013.
Employers Cannot Ask Applicants Or Employees For Social Media Passwords – AB 1844
This law created Labor Code section 980, which
Reminder To Carefully Draft Executive Agreements – Faigin v. Signature Group Holdings, Inc.
The judgment against the defendant for $1,347,000 in Faigin v. Signature Group Holdings, Inc.
should be a good reminder for companies to have well drafted executive agreements. Faigin worked as General Counsel and Chief Legal Officer for Fremont General, a parent corporation. Defendant had various subsidiary companies that Faigin also worked for during his employment.
Health Care Reform and The Affordable Care Act – Webinar
It is time to start planning for how the Patient Protection and Affordable Care Act, otherwise known as ObamaCare, will effect your business. Peterson Milaney Associates, will be hosting a webinar on the new law and what employers need to start planning for now. The webinar is taking place on Monday, December 3, at
Can California Labor Code Provisions Apply To Non-resident Employees Working in California?
Given the increasing mobility of the workforce, the issue of which state’s laws apply to a traveling employee is becoming more and more common. In Sullivan v. Oracle Corp., the California Supreme Court held that California-based employers must pay non-resident employees working in California according to the California’s overtime laws. That means that a
NLRB Issues New Memo On Validity of Social Media Policies
In October 2012 the National Labor Relations Board issued an advice memorandum regarding whether an employer’s social media policy violated the National Labor Relations Act (“NLRA”). This memorandum is of importance because the NLRB has issued findings recently that employer’s seemingly neutral social media policies violated employees’ rights under the NLRA. Section 7 of the
Court Holds Employers May Chargeback Sales Representatives For Returns
In sales, it is usually the case when the sale is made, but the customer has a set period of time to return the product. This presents an issue for an employer who pays the sales representative a commission. The employer does not want to pay a commission on an item sold that may be
Why Start-up Managers Cannot Afford To Be Like Steve Jobs
I don’t have any personal knowledge of how Steve Jobs was as a manager, but every account I read of him was that he was demanding and in your face. While this can be an effective management style of some, it does come with some associated costs.
Increased litigation costs
Unless your start-up has a
Meal and Rest Break Compliance After Brinker v. Superior Court
Have you attended webinars and read new legal updates on the new Brinker decision and still uncertain on how this applies to your company? Realizing that employers need to take a more active step in ensuring they are in compliance with the new decision, I’ve developed a package that actually assists employers in drafting and
When Do Employers Have To Offer Meal And Rest Breaks? Analysis Of Brinker Corp. v. Superior Court
It has been a week now since the California Supreme Court issued its decision in Brinker Restaurant Corp. v. Superior Court. I’ve been getting a lot of questions, and have spoken on the topic a few times, and thought a couple of charts illustrating the Court’s holding would assist in understanding the decision. For