News

PART 2: Employer Internal Investigations

PART 2: Employer Internal Investigations An employer can be held liable for sexual harassment by a supervisor unless the employer can prove that it exercised care to prevent harassment and took steps to investigate complaints.  Once reported, an internal investigation can make or break the employer’s defenses for litigation.  In...

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Employer Internal Investigations – Are They Confidential? 

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?...

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Exempt Employees: What Deductions Are Permitted, Prohibited?

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...

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EEOC RELEASES UPDATED “KNOW YOUR RIGHTS” POSTER

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...

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DOL Issues Long Awaited Proposed Rule on Independent Contractors

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...

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Your Employee Has a Side Job

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...

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NEW PAY TRANSPARENCY LAW

NEW PAY TRANSPARENCY LAW There is another new law in California effective January 1, 2023 – the wage transparency law under Labor Code 432.3, which requires employers of 15 or more employees to include the pay scale in job postings, and for all employers to provide this information upon request....

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Cannabis in the Workplace

Cannabis in the Workplace Effect January 1, 2024, California employers cannot “discriminate” against employees based on the employee’s use of cannabis off-the-clock and away from the workplace.  While off-duty use of cannabis is legally protected, the new law does allow employers to fire or suspend workers for possessing, using, or...

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IS YOUR SETTLEMENT GOING TO PROTECT YOU AGAINST SUBSEQUENT CLAIMS? YOUR JOINT EMPLOYER, STAFFING COMPANY, PAYROLL COMPANY, PEO OR OTHER VENDOR/PARTNERS MAY BE SUBJECT TO CLAIMS AND THEN YOU MAY LATER BE FIGHTING INDEMNITY AND BREACH OF CONTRACT CLAIMS FROM THEM

IS YOUR SETTLEMENT GOING TO PROTECT YOU AGAINST SUBSEQUENT CLAIMS?  YOUR JOINT EMPLOYER, STAFFING COMPANY, PAYROLL COMPANY, PEO OR OTHER VENDOR/PARTNERS MAY BE SUBJECT TO CLAIMS AND THEN YOU MAY LATER BE FIGHTING INDEMNITY AND BREACH OF CONTRACT CLAIMS FROM THEM Scenario:  an employer settles claims by an employee.  The...

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