Employer Internal Investigations – Are They Confidential? Many employers get a complaint about an employee or some wrongful conduct and immediately launch into an investigation. Even more, when investigating, the employer often confirms to other employees that what the employee or witness says will be kept confidential. But, will it?...
New California Rules Will Allow Nurse Practitioners to Practice Without Physician Supervision California’s nursing agency just approved rules that will allow nurse practitioners to treat patients without direct physician supervision. This vote is one of the last major steps necessary to fully implement a 2020 law that will allow nurse...
Exempt Employees: What Deductions Are Permitted, Prohibited? The Federal Fair Labor Standards Act (“FLSA”) requires employers to pay most employees overtime pay for all hours worked in excess of 40 in a workweek (some states require overtime in additional situations). The FLSA allows for exemptions from the overtime requirement for...
BANKRUPTCY DOES NOT PROTECT EMPLOYERS FROM WARN ACT EMPLOYEE LAYOFF NOTICE REQUIREMENTS When operating companies file bankruptcy, it often precipitates employee layoffs. Employers should know about the notice obligations (we’ve posted about them before – or just call us). As a recap, the federal WARN Act requires employers to notify...
EEOC RELEASES UPDATED “KNOW YOUR RIGHTS” POSTER The U.S. Equal Employment Opportunity Commission (“EEOC”) has released an updated poster (“Know Your Rights”) that federal nondiscrimination laws require employers to display. Covered employers with 15 or more employees must post the new version as soon as possible. Employers covered by federal...
California Amends Hate Crime Law California has enacted legislation (Assembly Bill 2282), which clarifies the state's hate crime law as it pertains to the workplace and increases the potential for penalties. The bill addresses a growing problem with hate crimes surging to the highest in 12 years. The new law...
BANKRUPTCY COURT REQUIRES TENANT TO CURE LEASE AND GIVE ADEQUATE ASSURANCES OF FUTURE PERFORMANCE When a tenant files bankruptcy, the tenant has a short period of time to assume the lease but must cure any defaults in payment and offer to the landlord adequate assurances of future good performance. In...
DOL Issues Long Awaited Proposed Rule on Independent Contractors The misclassification of employees as independent contractors is one of the most serious problems facing affected employees, employers, and the U.S. economy. The U.S. Department of Labor (“DOL”) has issued a proposed rule to clarify who is an independent contractor under...
Extension to COVID-19-Relief Bill Current state law was set to expire, but California extended the 2022 COVID-19 Supplemental Paid Sick Leave law (“SPSL”), the law that requires employers with 26 or more employees to provide supplemental paid sick leave to employees for COVID-19 related qualifying reasons. September 30, 2022, providing...
Your Employee Has a Side Job An estimated 57 million Americans are pursuing side jobs and that number is growing. Employees have a right to do what they want when not working, however, side jobs are a stressful and controversial issue for employers. Working a second job may be just...