Teleworking can be a reasonable accommodation for an injury or disability. However, it is not mandated. And just because it is the preferred solution for the employee, does not obligate the employer to provide it. Nevertheless, if it is the ONLY solution that will permit you to come back and Read more…
If the plates on which the food is served are not clean, the food received is not hot, or is not as ordered, the patron may be inclined to leave a smaller tip even when the services of the servers and bussers were satisfactory. Likewise, when the meal is delicious, Read more…
The professionals at Simas & Associates, Ltd. regularly encounter individuals who have never needed to hire an attorney—and need one now. These are smart, successful, and savvy individuals, professionals, or business owners, sophisticated in the nuances of their practices, professions, specialties, services, offerings, or products. Unfortunately, that expertise does not Read more…
California Elections Code, section 14001 requires all employers to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. A sample of this notice, as well as a notice to employers regarding time off for voting is available in Read more…
Being involved with your company’s human resource department can be overwhelming and frustrating at times regardless of your position within the department. As the law changes, the H.R. Manager is responsible for ensuring that your company complies with all federal and state laws while also minimizing the risk of litigation brought Read more…
False imprisonment is the wrongful restraining, confining or detaining a person without that person’s consent. It is a crime (i.e. Penal Code, § 236) and can be charged as a felony or misdemeanor. It is also a common law tort. False imprisonment can arise in the employment context. This would typically Read more…
Time clock rounding is legal under federal and California law. Time clock rounding is the practice of adjusting raw employee punch-in and punch-out times to a standardized, nearest time increment. It is typically justified as a way to simplify payroll calculations or to provide a minimal amount of time warranted for completing recognizable Read more…
Overtime pyramiding is the (often mistaken) practice of counting the same hours against two different overtime limits. The most common example of overtime pyramiding is using hours that have been counted against daily overtime to calculate a weekly overtime limit. This is especially common because daily overtime is usually a Read more…
Civil Code section 2295 provides: “An agent is one who represents another, called the principal, in dealings with third persons. Such representation is called agency.” Under California law, agency is not presumed. One must prove its existence to assert as a defense. The burden of proving the existence of an agency Read more…
Transgender people are employed in every industry and profession throughout the country, and deserve a safe and inclusive workplace. Transgender coworkers do not expect any special treatment. They simply want to be respected. Although employment discrimination based on gender identity is illegal almost everywhere, many transgender people still face harassment and unfair treatment on the job. Helping to ensure that Read more…