Code of Civil Procedure §1094.5(c) establishes the two basic tests for determining whether the evidence supports the findings in an administrative writ of mandate proceeding: If authorized by law to exercise its independent judgment on the evidence, the court determines whether the findings are supported by the weight of the 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…
It is deceptively easy to make mistakes on your résumé and exceptionally difficult to repair the damage once a prospective employer receives it. So prevention is critical, especially if you’ve never written one before. Here are the most common pitfalls and how you can avoid them. 1. Typos and Read more…
All veterinary technician applicants are required to take the new California veterinary technician examination and the Veterinary Technician National Examination (“VTNE”). As an applicant, if you have taken the California veterinary technician examination and failed prior to March 1, 2014, you are required to take both the California and National examination and pass Read more…
Vaping is the use of an e-cigarette – a battery-operated, pen-shaped device that turn flavored nicotine into a vapor that users inhale. Because the vapor does not contain tobacco and is smokeless, it is not prohibited by California’s statewide ban on smoking tobacco in the workplace. Only three states – Read more…
An often overlooked defense to many claims or causes of action is the failure to exhaust remedies. The concept of the defense is that a plaintiff or claimant must first present and exhaust any internal review of their potential claim, as well as the appropriate external review of that internal Read more…
Most companies have policies that address use of the company’s email system. However, many companies have no policy regarding employees accessing their personal email ;accounts from work, other than blanket policies that prohibit personal use of the Internet while working. At first blush, it might seem like overkill to limit Read more…
In California, all employers must meet workplace posting obligations. Workplace postings are usually available at no cost from the requiring agency. The 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 Read more…
Labor Code § 203 governs “Waiting Time” penalties in the state of California. This penalty is assessed when an employer fails to timely pay an employee all wages accrued upon termination or after resignation of his or her employment. California courts have a long history of strictly enforcing the waiting Read more…
Steven L. Simas is presenting today on behalf of the Sacramento County Bar Association, Administrative Law and Labor & Employment Law sections on September 26. The presentation is taking place at 1:00 PM at Blue Prynt Restaurant (815 11th Street, Sacramento, California). A powerpoint presentation for the Mr. Simas’s remarks Read more…