Every year in December I get the same wave of client calls. What can we do to prevent everyone from calling in sick during the holidays?
Why is this such a problem? It’s not just flu season or hangovers from too many...more
The trend is to move away from holiday parties. Some companies are opting for a family picnic in the summer instead, or a party in January after the holiday season is over. If your company is still planning a holiday party...more
It is that time of year. We continue to wait for the Governor to sign or veto some controversial bills such as:-
The Stand Act (prohibiting confidentiality in harassment and sexual assault settlements); and...more
ICE workplace audits are on the rise. And if you didn’t know, the federal government and California are not harmonious in their views on immigration issues. That means that ICE raids on California employers are likely to...more
I was in court last week for a status conference in a wage-and-hour class action, and was talking to my opposing counsel, an active litigator in this arena. I asked him if the new California Supreme Court case rejecting the...more
Do you want to know the secret of achieving pay equity in the workplace (at least in the long term)? Well, it is really about the dads. Yes, that’s right. The more paid time off given to fathers, the more likely it is the a...more
To keep employers guessing, not only does the state minimum wage increase every year, but many cities do as well. Currently, California’s minimum wage is $11 per hour (or $10.50 for employers with up to 25 employees)....more
It happens more often than you think. An employee in good standing is “outed” as being listed on a sex offender registry. His/her coworkers are up in arms. Now what? Can he/she be fired?...more
Spring is here! And for those of us in sunny Southern California that means it is music festival season. First up is Coachella and then Stagecoach, with more to follow until October. Days and nights filled with music, food,...more
Every year I look forward to attending and presenting at the Cornell HR in Hospitality Conference. It is a great time to connect with clients, contacts, and to learn from the best and brightest in the hospitality...more
One issue that consistently trips up employers is the interplay of laws for an employee with work-related medical issues. This is sometimes referred to as the Bermuda Triangle of workers’ compensation, ADA/FEHA (disability),...more
In recent years, California and federal agencies have highly scrutinized independent contractor status. While that scrutiny may be abating somewhat on the federal level, it is still alive and well in our golden state. In...more
What a year it has been for harassment claims. The biggest year in the 22 years I have been practicing law. It seems that every day there is a big new headline, and someone else powerful losing their job over harassment...more
All of this news about hurricanes and the tragic images of people losing their homes (and everything in them), takes me back to advice my father gave me years ago, which was: You need insurance for things you can’t afford to...more
The news is full of stories of employers taking action, or allegedly not taking sufficient action, for employee off duty conduct. The issues are vast and varied, ranging from communicating views about coworkers’ intellectual...more
Just because it’s logical doesn’t make it legal. And more often than not, what is logical in California is not necessarily legal.
Take the issue of “comp time.” Typically comp time is used to refer to an equitable idea,...more
Earlier this week, in Mendoza v. Nordstrom, the California Supreme Court clarified some ambiguous issues involving requirements under the California Labor Code involving when a “day of rest” must be provided to employees....more
I just returned from the Cornell HR in Hospitality Conference in Las Vegas with my partner Carolyn Richmond. I participated in the Executive Summit and shared ideas with some of the most innovative minds in the hospitality...more
Investigating a harassment complaint is not rocket science, yet as the recent news from Uber illustrates, there are many ways for employers to mess it up.
The first step is to gather sufficient details to understand the...more
I remember back in 2004 when AB 1825 passed, requiring all California businesses with over 50 employees to train all managers and supervisors on harassment prevention. It was one of the first significant employment laws...more
With a very Democratic state legislature that is well positioned to offset a very Republican White House, the following are the top 10 trends I saw in my practice from 2016 that inform what California employers can expect in...more
The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the interactive process, and to inadvertently cause liability by...more
I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability...more
I have been conducting harassment prevention training for California clients since AB 1825 became effective back in 2005. After presenting what must be hundreds of sessions in the last decade, I am always on the look-out for...more
California’s Fair Pay Act, already the broadest in the nation, has now been expanded in two key aspects:
First, the Governor approved SB 1063, so that the Fair Pay Act now protects against race-based disparities in pay. ...more