One question regularly confronted by employers is when a former employee requests copies of “their file.” Ostensibly, the employee is requesting a copy of their personnel file. However, the contents of a personnel file may not include all that which the former employee is seeking. Sometimes the employee is seeking Read more…
When a party is harmed, that typically gives rise to a claim for damages. However, an express limitation to the extent of recovery for those damages is those that could be avoided by the injured party engaging in reasonable and ordinary care after the harm. The failure of the injured Read more…
Historically, pregnant women have been subject poor treatment in the workplace. Since approximately 75% of the 68 million plus women workers become pregnant at some point in their working lives, this a lot of poor treatment. This includes poor guidance by supervisors and human resources as well as abject discrimination in Read more…
According to the National Climatic Data Center, 2014 was the hottest calendar year on record since 1895 in California. Thus far in 2015, the Center has already recorded consistent and similar record-breaking temperatures over the last two months. As such, now is the time for employers to prepare for anticipated record heat Read more…
Employers have long been denied the opportunity to request a second opinion on an employee’s ability to work before returning from Family and Medical Leave Act (FMLA) leave. However, in California, an employer is permitted to request a fitness-for-duty examination and certification after the employee is permitted to return to work. So long as it Read more…
All employers' mindsets in California should be that it must pay all of their employees overtime. Employees who work in excess of eight (8) hours per day or in excess of forty (40) hours per week are entitled to 1.5 times their normal hourly pay,(i.e. “time and a half”) for that additional time worked. (Labor Code Read more…
Happy holidays! Tis the season for joy, warm thoughts, and a process server in your reception area? While undoubtedly unwelcome and surprising, holiday-related complaints, claims, and lawsuits are all too common amongst employers. Holidays tend to evoke emotions for many people; most of these emotions are positive and healthy. However, some Read more…
This past September, Governor Jerry Brown signed Assembly Bill No. 2053 to mandate that employer training and education include matters relating to “abusive conduct.” Some California employers, however, are scratching their heads about what exactly that means, and how to comply with the new requirements. What Qualifies as “Abusive Conduct”? Read more…
Many types of work-related reimbursements are mandated, but an employer still has the option to go the extra mile and go over the minimum required by law. The question is does it pay to do so? Being lavish with your reimbursement helps show an employee that they recognize their sacrifice, Read more…
Since 2006, California employers who employ or contract with over 50 individuals to provide it service are mandated to provide regular sexual harassment training to its supervisors. Assembly Bill 1825 resulted in the creation of Section 12950.1 of the Government Code, which required mandatory sexual harassment training for supervisors within Read more…