California Employment Law Report

The latest litigation trends, court decisions, & issues on California Employment Law

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Latest from California Employment Law Report

Employment Practices Liability Insurance, often referred to as EPLI, can be a great resource for some employers in California.  However, just like any other major purchasing decision, employers must be very careful when purchasing this insurance, as often times they can be surprised about what the insurance does not cover and the loss of control over the defense of lawsuits.  This Friday’s Five covers five issues employers must be aware when considering EPLI insurance: 1.…
In working with employers are various sizes, backgrounds, sophistication, and industries, I’ve seen a lot of confusion and simple misunderstandings about what constitutes employee discipline and how to properly document employee performance issues or discipline.  This Friday’s Five reviews five common misunderstandings about discipline and documentation: 1. If it was not a formal write-up put in the employee’s file, then the action does not constitute disciplinary action. There is no legal definition of what constitutes…
This Friday’s Five lists five action items employers should utilize when conducting harassment investigations: 1. Selecting the investigator Employers should take time to train an in-house person who can conduct harassment investigations.  This person, usually someone from Human Resources (but it does not need to be) should have additional experience and training about how to investigate these claims.  First, the person needs to be able to conduct appropriate investigations to limit the liability to the…
https://youtu.be/kkPeUDAs4rM This Friday’s Five is a video (see video below) that reviews the ABC test for independent contractors as set forth in the California Supreme Court’s ruling in Dynamex Operations West, Inc. v. Superior Court, (2018) 4 Cal.5th 903.  The five issues I discuss in the video include: 1) Part A of the test requires that the worker is free from the control and direction of the hiring entity in connection with the performance of…
In Rodriguez v. Taco Bell Corp., 896 F.3d 952 (9th Cir. 2018), an employee brought a putative class action alleging that Taco Bell’s discounted meal policy effectively denied employees the ability to take a duty free meal break.  At issue in this case was Taco Bell’s policy of offering a discounted meal from the restaurant during the employees’ meal breaks as long as the employees ate the meal on the company’s premises.  The ability to…
Rick Reyes, a law clerk at our firm, recently wrote an article published in the National Law Review: Transgender Individuals in the Workplace: An Overview of Employers’ Scope of Obligations in California. The article provides some great guidance for employers on this developing issue, such as new posters required by California law, training that addresses gender identity, gender expression and sexual orientation, facility, and grooming considerations.  The article can be read here.  Congratulations…
California employers have many different obligations to train employees on certain issues.  The primary training obligation that applies to nearly every employer (with 5 or more employees) is to provide sexual harassment prevention training.  However, as set forth below, different industries have different standards, and employers need to review the requirements that pertain to their industries and companies to ensure compliance. This article is the fifth article in my series of articles of employment audits…
On March 7, 2019, the United States Department of Labor (“DOL”) issued a proposed rulemaking to increase the salary level that employees must receive in order to qualify as an exempt employee.  The DOL sets standards under the Federal Labor Standards Act (“FLSA”), but California employers are also required to comply with California’s wage and hour laws.  This Friday’s Five reviews five issues California employers need to understand about the DOL’s proposal and how…
California passed a wave of new laws in 2018 relating to the #metoo movement, many of which prohibit confidential settlement agreements or disclosure of allegations related to sexual harassment in the workplace.  This Friday’s Five post reviews five areas impacted by these new laws in 2019, which illustrate the need for employers to stay informed about the new requirements that apply to their company and industry: 1. SB 820 added Civil Procedure Code section 1001…
The process of separating an employee from a company must be clearly set out and planned in advance.  I recommend developing a separation checklist so that all of the company’s policies are followed, as well as any applicable laws that pertain to the employer and their industry.  This article is the fourth article in my series of articles of employment audits.  Prior articles covered the hiring process, records retention practices, and wage and