In California, the “prevailing party” in litigation is entitled to recover its costs as a matter of law under California Code of Civil Procedure (“CCC”) §1032. But under CCP §998, a party may make an “offer to compromise,” which can cut-off and even reverse the parties’ right to recover costs after the date of the… Read More
Using Supply Chains to Combat Sexual Harassment
In a recent article in the Harvard Business Review, New America’s Better Life Lab presented findings that sexual harassment was “severe, pervasive, and widespread” across all industries. It exists equally in both low-income and high-income jobs, and in both male-dominated and female-dominated occupations. It is, unfortunately, everywhere. That conclusion did not surprise me. What… Read More
Corporate Owners and Officers are Individually Liable for PAGA Penalties
Readers of this blog know the potent plaintiff’s weapon that is California’s Private Attorneys General Act (“PAGA”). PAGA allows an individual employee to “stand in the shoes of the State” and sue his employer for civil penalties flowing from the employer’s wage-and-hour violations. What makes PAGA so devastating for employers is that the employee is… Read More
Want Honest Employee Feedback? Try These Strategies
An article in the October 2018 issue of Entrepreneur surveyed successful entrepreneurs on one question — How do you encourage your employees to give you honest feedback? Their responses were both interesting and practical. One entrepreneur talked about the importance of establishing a culture that welcomes honest feedback. She makes it a point to ask her established… Read More
Transparent Separation: A More Humane Way to Terminate?
I came across an interesting article today in the Harvard Business Review about employee terminations. The author, who is a digital media executive and Adjunct Professor of Management at Columbia University, argues that “transparent separation” is a more humane approach to employee termination that is “highly underused given [its] low risk and great benefits.” So… Read More
CA Supreme Court Rejects the “De Minimis” Doctrine — Employers Must Now Pay for Every Minute Worked by an Employee
California has some of the strictest and most complicated wage and hour laws in the nation. And guess what? They’re even stricter and more complicated now after the California Supreme Court rejected the “de minimis” defense for employers in wage and hour disputes in California. What’s the “de minimis” defense anyway? Beginning in 1961, federal… Read More
Governor Brown Signs AB 2282 Clarifying California’s Fair Pay Act
On July 18, 2018, California Governor Jerry Brown signed AB 2282. This new law, which goes into effect on January 1, 2019, clarifies employees’ rights, and employers’ obligations, under the state’s existing “Fair Pay Act.” Under California’s existing Fair Pay Act, California employers were (and still are) prohibited from asking about, or relying on, an applicant’s… Read More
Landmark Study Finds Workplace Culture Is Strongest Predictor of Sexual Harassment
The National Academies of Sciences, Engineering, and Medicine has just concluded a major study on sexual harassment. It offers some interesting new insights relevant to California employers and employees. According to the study, the strongest predictor of whether sexual harassment will occur (or not) in the workplace is the “organizational climate” of the organization. In… Read More
U.S. Supreme Court Upholds Class Action Waivers
It was only a few weeks ago. California employees and their lawyers were jubilant after the CA Supreme Court delivered its game-changing Dynamex decision that made it even harder for California employers to properly classify workers as independent contractors. As a result, employment protections were extended to millions of California workers who were also given the right… Read More
What Makes a Company “Culture”?
In the current job market, especially in the San Francisco Bay Area, good employees are more valuable now than perhaps ever. Almost every one of my clients is looking to hire, and almost every one looking is complaining that that they “can’t find anyone good.” It’s a seller’s market, and recruits are asking potential new employers hard… Read More
