California Job Interviews: Be Careful What You Ask For
By Admin February 26, 2024 Category: Employment
When employers interview job candidates, they appropriately focus on questions that will obtain information they need to hire the right person. However, they must also be sure that they do not ask questions that are prohibited under California law and that can potentially lead to lawsuits including those for discrimination. California employers with five or more employees are covered by the California Fair Employment & Housing Act (FEHA) which prohibits discrimination based upon age, ancestry, color marital status, medical condition, national origin, physical disability, religion, sex or sexual orientation, and military status. (Employers with fewer than five employees should also... READ MORE
Staying Ahead in 2024: Latest Employment Law Updates and Essential Reminders
By Admin January 29, 2024 Category: Employment
Time to Revisit Your Arbitration Agreement: Courts Issue Significant Decisions Regarding Arbitration Agreements In a significant decision for employers, in January 2024 a federal court in the case of Chamber of Commerce of the USA et al. v. Becerra, et. al. issued a permanent injunction barring California from enforcing Assembly Bill 51 which forbid employers from requiring arbitration agreements as a condition of employment. The recent decision ends a recent period of time of uncertainty as the case went through the appeals courts, and only voluntary arbitration agreements could be entered into with employees. Based upon the decision, California employers... READ MORE
This year the California legislature and Governor Newsom enacted several new employment laws taking effect January 1, 2024. Here are the key changes you must be aware of for the new year. Increase in Paid Sick Leave Effective January 1, 2024, California employers of all sizes must provide 5 days (40 hours) of paid sick leave each year to employees. This is an increase from 3 days that is the current requirement. The new law continues to allow employers to either provide the paid sick leave on an accrual basis or via frontloading the leave at the beginning of each... READ MORE
California Passes Law Regarding Non-Compete Agreements, Including Employer Notification Requirements
By Admin October 30, 2023 Category: Employment
In recently passing two separate bills, Assembly Bill 1076 and Senate Bill 699, California has further strengthened its prohibition on non-compete agreements between employers and employees. California’s existing law, Business & Professions Code section 16600 already established that such agreements are void with very limited exceptions. However, the legislature remained concerned that some employers were still using non-compete agreements with employees as a deterrent. Therefore, California enacted Business & Professions Code section 16600.5 which effective January 1, 2024 will make it unlawful for an employer to even enter into a non-compete agreement with their employees. Employers who violate the new... READ MORE
California To Increase The Amount of Required Paid Sick Leave
By Admin October 30, 2023 Category: Employment
Effective January 1, 2024, California will require all employers to increase the amount of paid sick leave to their employees from the current requirement of 3 days to the new requirement of 5 days per year. The new law, SB616, signed by Governor Newsome on October 4, applies to all employers regardless of size. Note that certain municipalities provide greater paid sick leave, such as the City of Los Angeles. Employers that fall under those municipalities’ laws must provide the greater amount of paid sick leave and also comply with the requirements set forth below. The new law increases the... READ MORE
How to Use Severance Agreements to Protect Your Organization
By Admin August 22, 2023 Category: Business Law
A severance agreement is a release to be signed by an employee whose employment is separated in exchange for payment of money (or other consideration). This can be an effective tool to protect a company from future lawsuits and other risks. Below we discuss legal requirements when using a severance agreement as well as specific provisions that should be included in the agreement to protect the organization. Legal Requirements When Presenting A Severance Agreement Whenever severance agreements are used there are certain legal requirements that must be followed. As a preliminary matter, in order to be enforceable, the employee must... READ MORE
The Keys To Managing Remote Workers: What You Need To Know
By Admin July 18, 2023 Category: Business Law
Over the last several years, remote working has radically changed the traditional office workforce. With employees no longer physically present in the office, employers face new challenges in effectively managing remote workers to ensure their productivity and compliance with company policies and California’s extensive employment laws. While there are certainly advantages for employers to have remote workers such as savings in office space expenditures and improved employee morale, there are important considerations to be taken into account whenever remote working arrangements are being used by employers. Below are some key considerations and requirements that all employers should know. Develop and Implement... READ MORE
Location Matters: Minimum Wage Increase on July 1, 2023 is Based on Where Your Employees Work
By Admin June 28, 2023 Category: Business Law
The state of California currently sets the minimum wage rate at $15.50 per hour. However, for employers with employees that work in specific cities (see below) the employers must also comply with local city minimum wage requirements when it is higher than the state mandated rate. Effective July 1, 2023, employers with employees in the following local cities, and unincorporated Los Angeles, will need to increase their minimum wage rate of pay as follows: Los Angeles City: $16.78/hour;Los Angeles County (unincorporated areas): $16.90/hour;Malibu: $16.90/hour;Pasadena: $16.93/hour;Santa Monica: $16.90/hour; andWest Hollywood: $19.08/hour Employers whose employees work remotely in any of these... READ MORE
Top 5 Essential Employment Documents Every Employer Should Have
By Admin June 14, 2023 Category: Business Law
Whether your company is a large or small employer, there are five essential documents that should be implemented and distributed to your employees that will serve to both protect (as best as possible) the organization from employment-based claims as well as to keep your employees informed and notified of expectations concerning their employment. Consultation with experienced employment counsel, who can aid in preparing these various documents is highly recommended. The following are the top five essential employment documents every employer should have. Offer Letter Once a decision has been made to hire an employee, the critical terms and conditions of... READ MORE
Avoid Penalties: Must-Have Workplace Posters for California Employers
By Admin May 18, 2023 Category: Business Law
By Scott Liner, Employment Attorney California employers must meet all state and federal requirements related to posting employment-related information in the workplace. Specifically, the California Department of Industrial Relations requires employers to post information related to wages, hours and working conditions in an area frequented by employees where it may be easily read during the workday. The required posters can be seen here by clicking on this link to the Department of Industrial Relations. Federal law required postings can be viewed by clicking here. Many of the workplace posters are available at no cost from the requiring agency or can... READ MORE