You receive a doctor’s note stating that one of your employees is receiving medical treatment, cannot work, and is expected to be unable to work for several months. Do you have to hold the employee’s job open for him?
The federal Family Medical Leave Act (“FMLA”), and its California counterpart, the California Family Rights Act (“CFRA”), require an employer with … Read More
A California Appellate Court recently ruled in Baker v. Halliburton Energy Services, Inc. that an employer could not be found vicariously liable for injuries its employee sustained while driving a company car on personal business. While this was a fact specific case, it nonetheless is a helpful case for employers.
Halliburton Energy Services, Inc. provided its employee, Troy Martinez, with … Read More
If you have any employees that receive commissions as part of their compensation package, you need to be aware of a new law that went into effect as of January 1, 2013. AB 1396 amended California Labor Code section 2751.
The new law provides, “Whenever an employer enters into a contract of employment with an employee for services to be … Read More
Disability-related issues with a job applicant or employee can be tricky. Both federal and California law prohibit discrimination against current and potential employees with disabilities, and require an employer to engage in a “interactive process” with a disabled employee/applicant who needs a reasonable accommodation. The interactive process is an informal procedure meant to identify what, if any, reasonable accommodations can … Read More
The laws governing employers’ obligations with respect to disabled employees are complex, and employers should tread carefully when faced with a disability-related request by an employee. The following covers some basic employer obligations under both federal and state laws with regards to disabled employees.
The Americans with Disabilities Act (“ADA”) applies to all employers with 15 or more employees. However, … Read More
Timekeeping…you already know that all California employers are required to keep copious records of an employee’s time in and out for purposes of paying wages and overtime, and ensuring that meal periods are taken. A common and long-standing practice in timekeeping is to round to the nearest tenth of an hour. Recently, this practice was called into question in the … Read More
In a previous blog entry, we highlighted the different factors that could be considered to properly classify workers as employees or independent contractors, and the legal consequences of misclassifying such workers as independent contracts by employers seeking to avoid payroll taxes and overtime. In this article, we want to focus on the new California law that makes it unlawful for … Read More
We are pleased to report that during the week of September 17, 2012, Governor Brown signed a bill reforming Americans With Disabilities Act (ADA) access law. The measure, Senate Bill (SB) 1186, will curb lawsuit abuse regarding the ADA while promoting increased compliance with building codes addressing disabled access.
This new legislation is from culmination of a multi-year, bipartisan effort … Read More
Distracted driving is a concern for employers whose workers spend time driving on the job, either in a personal vehicle or a company-provided vehicle. Employers can generally be held liable for an employee’s negligence while acting within the scope of his or her employment duties or for the employer’s benefit. For example, if the employer instructed the employee to stop … Read More
As an employment lawyer representing employers, this is one of the most frequently asked questions I get from my clients.
The short and safe answer is, “No.” California has a strong public policy not to impede its residents’ ability to work and make a living. California Business and Professions Code section 16600 provides that “every contract by which anyone is … Read More