A California appellate opinion issued yesterday offers a fact pattern and jury verdict familiar to employment counsel: A longtime employee resists a proposed change pushed by his new boss, citing an anxiety disorder; the new boss finds the claimed anxiety a dubious excuse; the boss learns the employee has been moonlighting and potentially using company
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…
Five areas of employee compensation or off-work conduct that cannot be regulated by an employer under California law; plus: Ben Horowitz, the Shmoney Dance and How to Manage
I just discovered How to Start a Startup, which is a series of videos published by Stanford University on YouTube with some outstanding speakers. The problem is that the class videos are so great, I have a hard time turning them off. Case in point, this week I watched Ben Horowitz’ lecture: How to…
Five errors that make defending an employment lawsuit harder
In litigation, the following five issues make defending an employment lawsuit much more difficult.
1. No documentation.
No matter what type of employment litigation is at issue – wage and hour claims, leave issues, or harassment claims – the amount of documentation an employer has dramatically increases the odds of prevailing in litigation. I would…
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 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 items to understand about employee personnel files under California law
1. Current and former employees have the right to inspect or copy personnel files.
Under Labor Code section 1198.5 employees have the right to inspect or receive copies of personnel files and records relating to the employee’s performance or grievance concerning the employee. Employers are legally required to maintain personnel files for at least three…
Procedures to follow in investigating sexual harassment claims
Are you ready for the increase in minimum wage? Join us for a mid-year update on employment and corporate issues.
My firm is conducting a webinar on Thursday June 19, 2014 at 10:00 a.m. for a mid-year update on emerging employment law issues and the newly enacted LLC statute effecting most California Limited Liability Companies.
For more information and to register, please complete the form below: