If an employee is injured and is unable to work overtime (i.e., over 8 hours in a day or 40 hours in a week), can an employer terminate the employee? Potentially. Employers may terminate employees who are unable to work overtime if this is an essential duty of the position. This Friday’s Five reviews when
Employee Handbooks
Go-to termination practices employers need to consider
Employee terminations and resignations must be planned for in advance to avoid common pitfalls for California employers. I’ve recently written about go-to hiring practices for employers, so I thought it would be appropriate to follow that post up with this list of go-to termination practices. This Friday’s Five focuses on critical management and legal…
Don’t forget about makeup time
Makeup time is one of the rare occurrences under California law that employees have flexibility to adjust their work schedule to accommodate for important life events that come up from time to time. Makeup time allows employees to take time off and then make it up later in the same workweek, without triggering the obligation…
Learn about best employment law practices for 2018
My firm is hosting a seminar for business owners, in-house counsel, human resource professionals, and managers to learn about and how to implement best practices at the start of 2018. Plus, get to see the newly renovated Proud Bird and enjoy some light food and drinks during the mixer.
Our attorneys will be speaking about:…
Obesity can qualify as a disability under CA law – Cornell v. Berkeley Tennis Club
Plaintiff Ketryn Cornell began working part-time for the Berkeley Tennis Club as a lifeguard and pool manager in 1997, while attending college at UC Berkeley. She was employed as a night manager and continued to work at the Club after graduating from college in 2001. In 2011, she took on additional duties and began working…
California’s prohibition on seeking and relying upon job applicant’s criminal histories starting January 1, 2018
Effective January 1, 2018 California employers can no longer ask an applicant for employment to disclose information about criminal convictions. The new law (added as Section 12952 to the Government Code) applies to employers with 5 or more employees. Once an offer of employment has been made, employers can conduct criminal history background checks, but…
New Year’s resolutions for California employers
Happy New Year. I started the Friday’s Five articles in the summer of 2014, and the interest in the articles has been more than I expected. I appreciate everyone who has read them and provided comments and feedback. If you have any topics you would like me to address, please let me know. With that
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Five reminders about time off for holidays and holiday pay under California law
Happy Thanksgiving. I hope everyone is getting some time to relax and enjoy some time with their families. Entering the holiday season, it is a good time to review employer’s obligations to accommodate requests for time off for holidays and best pay practices during holiday leaves. This Friday’s Five covers five reminders for employers about…
New immigration obligations facing California employers January 1, 2018
In addition to the “sanctuary state” legislation signed into law by Governor Brown yesterday, the Governor also signed AB 450 into law. The law is effective January 1, 2018, and requires, among other items, employers to verify that immigration officials have a judicial warrant or subpoena prior to entering the workplace and for employers…
Five timekeeping issues employers should audit
Happy Friday. Through my defense of wage claims this year, I found that employers need to establish and periodically review issues pertaining to employees’ timekeeping. This Friday’s Five is a list of the top five timekeeping issues that employers should routinely audit:
1. Establish and communicate a time keeping policy
Employers should establish and regularly…