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Tag: human resources

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California’s Private Attorneys General Act: A Primer Posted on: December 11, 2020 In: Labor & Employment
In recent years, lawsuits involving claims under California’s Private Attorneys General Act (PAGA) have become increasingly popular. Although PAGA is detailed and each case requires an in-depth review by an attorney, this article will provide a brief explanation of the Act.
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Tags:
california, paga, wage and hour, labor law, human resources
Respect and Communication: Pathways to Productive and Satisfied Employees Posted on: December 04, 2020 In: Labor & Employment
As we come off Election Day, there has been a lot of discourse about respect. So, let’s talk about respect in the workplace. Too often, legal claims arise when employees are not treated with basic respect. Business owners and managers must learn to respectfully communicate their expectations to those who work for them. Employees are not robots who perform rote tasks; they are humans who deserve respect and the information they need to perform successfully at work.
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Tags:
communication, productivity, management, respect, human resources
California Adds Good Faith Exception to “No Rehire” Provisions in Employer-Employee Settlement Agreements Posted on: December 01, 2020 In: Labor & Employment
On September 11, 2020, California Governor Newsom signed Assembly Bill 2143, which slightly modifies the law concerning no rehire clauses in settlement agreements. AB 2143 amends CCP §1002.5 to permit “no rehire” provisions in settlement agreements when the “aggrieved person” did not bring their claim in good faith. This good faith exception stands for the proposition that an employee must have filed their claim against the employer in good faith in order to be considered an “aggrieved party.”
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Tags:
california, no rehire, ccp, settlement agreements, human resources
Hands Off My Wages! Five Steps Employers Can Take to Comply With the Notice Requirements of California’s Wage Theft Protection Act Posted on: November 09, 2020 In: Labor & Employment
California’s Wage Theft Prevention Act requires employers to provide most employees with written notice of their compensation and certain rights under the Labor Code. Here are five steps employers can take to ensure compliance with the notice requirements.
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Tags:
california, wage theft protection act, payroll, human resources, labor law
Inclusion Provides Opportunities to Build the Strongest, Most Resilient & Creative Workforce for Future Success Posted on: October 08, 2020 In: Labor & Employment
Many companies are strategizing on how to diversify their talent pool, not only with new recruits but all the way to the top. These companies not only seek to minimize potential discrimination claims – they strive to bridge the gender gap, shatter the glass ceiling, and create a multi-ethnic, multi-generational, and all-inclusive employee pool designed to contribute to the future success of the business. While these aspirations are admirable, they are only a first step.
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Tags:
diversity & inclusion, unconscious bias, implicit bias, human resources
Three Steps to Creating Essential Employment Documentation Posted on: October 06, 2020 In: Labor & Employment
One of the first things employment attorneys do when assigned a new litigation matter is request documentation from either their client or opposing counsel, depending on whether they represent the employer or employee. From a defense standpoint, certain documentation is reviewed in every case, namely, the employee’s personnel file and the employee handbook. This post will discuss some best practices employers can follow to ensure optimal documentation for potential later use in litigation.
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Tags:
documentation, employee handbook, litigation, human resources, personnel file
Common Law Claims for Wrongful Termination Based on a Claimed Violation of Public Policy: Five Tips for Employers to Avoid Liability Posted on: June 24, 2020 In: Labor & Employment
The at-will employment doctrine provides extensive flexibility to both employers and employees to conclude their employment arrangements. As a general matter, this at-will rule permits an employer to terminate an employee for a good reason, a bad reason, or no reason at all as long as the termination does not implicate a protected federal or state statutory basis—most particularly, statutory protections against employment discrimination.
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Tags:
at-will employment, wrongful termination, public policy, severance agreement, human resources
A Quick Checklist for Navigating Requests for Paternity Leave in California Posted on: June 11, 2020 In: Labor & Employment
Employers commonly process requests from expecting mothers for maternity leave. However, when it comes to welcoming a new baby, it’s all hands on deck. As such, it is important for companies to be knowledgeable about the different types of leave that may apply to expecting fathers.
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Tags:
california, paternity leave, human resources, fmla, feha
Three Tips to Mitigate Employment Discrimination Risks As Stay-at-Home Orders Are Lifted Posted on: May 21, 2020 In: COVID-19 Response
Many businesses are now being challenged to return some or all of their furloughed employees to work based on the modification or elimination of stay-at-home orders and other state and local restrictions. This post discusses three tips that employers should consider to help mitigate the risks of exposure to employment discrimination claims under federal, state, and local laws as this process unfolds.
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Tags:
return to work, eeoc, human resources, disability, covid-19, coronavirus
Three Tips for Responding to USERRA Requests Posted on: April 06, 2020 In: Labor & Employment
Most employers are used to addressing employee absences related to pregnancies, disabilities, and non-work-related illnesses. However, few managers or Human Resources (HR) practitioners receive Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) requests on a regular basis. The purpose of this post is to provide a brief overview on USERRA and to provide three practical tips for responding to USERRA requests.
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Tags:
userra, human resources, national guard, armed forces, work absence
AB 2355 Aims to Make Medical Cannabis Users a Protected Class in California Posted on: March 27, 2020 In: Labor & Employment
California Assembly Member Rob Bonta recently introduced Assembly Bill 2355 (AB 2355), which, if enacted, would make medical cannabis users a protected class in California. California was the first state to legalize medical cannabis in 1996, but AB 2355 is not the first legislation of its kind.
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Tags:
california, medical marijuana, employment discrimination, protected class, human resources
Anti-Harassment Policy No Longer Enough? How the Landscape is Changing for Employers Defending Against Sexual Harassment Liability Posted on: March 24, 2020 In: Labor & Employment
An anti-harassment policy is the cornerstone of protecting the workplace from sexual harassment. This is especially true following the #MeToo movement, which took social media platforms and various media outlets by storm beginning in 2017.
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Tags:
anti-harassment, sexual harassment, #metoo, human resources, hostile work environment

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