News

INDEPENDENT CONTRACTORS VS EMPLOYEES – UPDATE

INDEPENDENT CONTRACTORS VS EMPLOYEES - UPDATE The Fair Labor Standards Act (“FLSA”) addresses the misclassification of employees (“Eees”) as independent contractors (“ICs”). There has been a lot of litigation and attorneys fees expended in companies’ misclassifying employees.  The U.S. Department of Labor (“DOL”) recently stated that it will revisit the...

Read More

EMPLOYEE BACKGROUND CHECKS

EMPLOYEE BACKGROUND CHECKS Background checks are an essential part of the hiring process and can help employers make better hiring decisions by uncovering valuable information about a candidate’s work experience, however employers need to be mindful of the rules surrounding them.  Background checks are governed by The Fair Credit Reporting...

Read More

EMPLOYERS HAVE MORE INCENTIVE TO GET IT RIGHT

EMPLOYERS HAVE MORE INCENTIVE TO GET IT RIGHT In the case of Naranjo v. Spectrum Security Services, Inc., the California Supreme Court just gave employers more incentive to ensure their employee compensation policies and practices, and employee paystubs are accurate and contain all of the required information.  In California, employers...

Read More

FMLA LEAVES – Get Your Files In Order for DOL Audits

FMLA LEAVES – Get Your Files In Order for DOL Audits We last gave you some Dos and Don’ts regarding leaves.  Now, we update that the Department of Labor (“DOL”) is increasing Family and Medical Leave Act (“FMLA”) audits and investigations, so employers are well advised to get FMLA policies...

Read More

FMLA LEAVES – Dos and Don’ts

FMLA LEAVES – Dos and Don’ts Employer Family and Medical Leave Act (“FMLA”) mistakes often result in employee lawsuits. Here are some Dos:    •Ensure absent employees promptly notify (1) a designated company manager of their absence, usually the employee’s manager; and (2) a designated company person, whether in-house or...

Read More

Time For HR Audit

Time For HR Audit Did you know that Epps & Coulson, LLP offers a general counsel program that includes an HR audit? See www.companiescounsel.com. If you have not updated your HR policies, practices, and employee handbook lately, employers should do so now.  There have been a lot of new laws...

Read More

Employers:  FMLA Audits Planned by DOL

Employers:  FMLA Audits Planned by DOL The Department of Labor (DOL) stated that it would increase Family and Medical Leave Act (“FMLA”) and wage and hour audits of employers.  Of particular attention are employers in the warehouse and logistics industries.  Employers should prepare now, as a FMLA violation often leads...

Read More

Arbitration Clause Federal Ban In Effect

Arbitration Clause Federal Ban In Effect We previously wrote on the upcoming federal ban on arbitration clauses for sexual-harassment and sexual assault claims and advised that employers should review employment agreements, handbooks, and policies that previously required arbitration of employee disputes, and to exclude sexual harassment and sexual assault claims. ...

Read More

Employers in All States: No More Pre-Dispute Arbitration

Employers in All States:  No More Pre-Dispute Arbitration   Employers often include arbitration clauses in employee handbooks and policies.  However, arbitration of sexual assault or harassment employee claims cannot be enforced.  California has been opposed to secret arbitration of these types of claims and now a federal ban on pre-dispute...

Read More

California’s New COVID-19 Supplemental Paid Sick Leave Proposal

California’s New COVID-19 Supplemental Paid Sick Leave Proposal Amid the national surge in COVID-19 cases, on January 25, 2022, Governor Gavin Newsom along with Senate President pro Tempore Toni G. Atkins and Assembly Speaker Anthony Rendon, announced a “framework” to ensure California employees have continued access to supplemental COVID-19 paid...

Read More