As an employer in the Golden State, it is crucial to have a clear understanding of the protections granted to employees by state law. California is known for its progressive stance on worker rights and its complex set of regulations facing employers. In this article, we will delve into the intricacies of unwaivable employment law
Labor Code Section 2802
Checklist: Five Items California Employers Should Consider for Employees Working From Home
As employers and employees adapt to the new realities of working from home on a permanent or modified basis, employers need to be aware of the employment law issues that arise with such arrangements. This Friday’s Five covers five items employers should review for employees working from home:
1. Confidentiality and security.
Employers are able…
Costs of doing business in California
California law generally holds that an employer may not pass the ordinary costs of doing business on to employees. However, this general rule has a multitude of nuances once one examines all the different costs that arise in the employment context and the various Labor Code and Wage Order provisions that apply. This article addresses…
Mileage reimbursement considerations 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…
Issue spotting for California employers
California employers need to routinely need to review their policies and practices to make sure they are complying with intricacies that may arise in their work place. In law school, attorneys-to-be are taught to “issue spot,” and the unfortunate litigation landscape that faces California employers, business owners and their supervisors must also “issue spot” and…
Mileage reimbursement issues 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? The eleven factor test to determine if training time is compensable under California 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…
Uber class action certified, five takeaways for California employers
This week, a federal court in northern California certified portions of a class action brought by Uber drivers who worked in California since 2009 (click here for the decision [PDF]). Over 160,000 drivers have worked for Uber in California during this time period, and while the case is making a lot of news,…
Five wage deductions California employers cannot make
1) Gratuities
All tips are the employee’s property, and cannot be taken by the employer. Labor Code section 350 states unequivocally that “Every gratuity is hereby declared to be the sole property of the employee or employees for whom it was paid, given or left for.” In addition, Labor Code section 351 clearly states…
Five statutes that can shift attorney’s fees to employers
You may recall from your college business law class of the “American rule” regarding attorney’s fees: generally in the United States each side is responsible to their own attorney’s fees, and unlike other countries, the loser does not have to pay the other party’s attorney’s fees. Employers can basically ignore this general rule…