Let me start with the lawyer’s disclaimer up-front: this Friday’s Five list has no scientific or statistical backing whatsoever, I generated it based on the cases I’ve been litigating in 2014. My experience may be (and probably is) skewed a bit, but nevertheless California employers should pay attention to the following areas of potential litigation.
Employee Handbooks
Areas employers should review as part of their yearly audit – part two
In my last post, I wrote about what steps employers should talk to comply with the new employment laws for 2015. This post discusses more generally what employers should audit on a yearly basis. And with the year coming to a close, now is a great time to review these five items:
1. Expense reimbursement…
Steps California employers should take to comply with employment law changes in 2015 – part one
The laws passed in 2014 added some new posting requirements and resulted in the need to
revise some of the notices California employers are required to provide to employees. This Friday’s Five Best Practices article sets out five items California employers should review before the start of 2015:
1. Review newly published frequently asked questions…
Sick leave poster and revised Notice to Employee published by Division of Labor Standards Enforcement: All California employers must use starting January 1, 2015
The Division of Labor Standards Enforcement (DLSE) published a new poster employers are required to post regarding California’s new sick leave law. Under the new law (Labor Code Section 247) employers are required to display a poster in a conspicuous place requiring certain information about the new rights of employees to receive paid sick…
Five things to know about time off for holidays and holiday pay under California law
Happy Holidays! With the holidays upon us, it is a good time for employers to review their holiday schedule and these five reminders about holidays and holiday pay under California law.
1. California employers are not required to provide employees time off for holidays.
There is no requirement that California employers provide time off (except…
Understanding immigration and labor reform laws on the federal and state level: President Obama’s immigration proposal and California’s change to immigration related laws in 2015
President Obama’s announcement of his controversial plan to provide amnesty for illegal immigrants to remain in the country who meet certain requirements raises a few employment and immigration issues for employers. Putting the politics aside, it is a good time for employers to review their obligations under the law to confirm a worker’s eligibility to…
Five issues employers must understand about California’s harassment and discrimination laws
1. Automatic liability for a company when harassing or discriminatory conduct is taken by supervisors.
A company is automatically liable for any harassment or discriminatory actions taken by its supervisors. Under California’s Fair Employment and Housing Act (FEHA), a supervisor is defined as anyone who has the authority to hire, transfer, suspend, layoff, recall, promote…
Friday’s Five: Five items employers need to understand about automobile and mileage reimbursement under California law
Expense reimbursement may seem like a small issue in comparison with the other areas of liability facing California employers, but the exposure for not appropriately reimbursing employees can be substantial. In Gattuso v. Harte-Hanks Shoppers, Inc., the California Supreme Court clarified the parameters of mileage reimbursement under California law, as well as the three…
Friday’s Five: Five answers to common questions about severance pay and severance agreements
Severance pay is not required under California law. However, employers who have potential disputes with employees that are leaving employment should consider whether offering severance pay in exchange for a signed severance agreement containing a release of claims against the company may be useful in avoiding costly litigation. Here are answers to five common questions…
Friday’s Five: Five things California employers should not forget about meal and rest breaks
Back to some basics with this Friday’s Five. This post revisits some meal and rest break requirements. It has been a couple of years since the California Supreme Court issued it groundbreaking ruling in Brinker Restaurant Group v. Superior Court, and it is a good time for employers to audit these policies and practices.…