On July 9, 2018, California Governor Jerry Brown signed AB 2770 which protects both sexual harassment victims and their employers from being sued for libel, slander, or defamation in connection with allegations of sexual harassment. AB 2770 also gives an employer permission to tell a prospective new employer calling for a reference that a former… Read More
HR & Employment Law Blog
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
CA Supreme Court Delivers Bombshell Ruling — Even Harder Now for Employers to Classify Workers as Independent Contractors
Determining whether a worker should be classified as an employee or independent contractor has always been a challenging task that frustrates our clients. There are a variety of legal “tests” that are used in different contexts in order to make that determination. A worker can be considered an independent contractor by one state agency but… Read More
And the Winner for Worst Boss is…the Absentee Leader!
A recent article by Marcel Schwantes in Inc. Magazine summarizes new research on the key traits of bad bosses. Guess what key trait makes for the worst type of boss? Absentee Leadership Absentee leadership is harder to detect and does not fall into one of the classic leadership patterns considered “bad” for the workplace: the bully,… Read More
CA Supreme Court — Bonuses Impact “Rate of Pay” and Thus Overtime Calculations
California already has one of the most generous and employee-friendly overtime laws in the country. Employees in California earn overtime anytime they work over 8 hours in a day OR 40 hours in a week. Overtime is paid at 1.5 times the employee’s regular “rate of pay.” Calculating an Employee’s Regular Rate of Pay But,… Read More
California Employers Must Walk ICE Tightrope
As we predicted in a recent blog post which you can find here, federal ICE agents are targeting California employers and making California workplaces battle zones for federal immigration raids. According to today’s story in the New York Times, employers throughout California are reporting more surprise ICE audits. This comes a week after ICE raids occurred… Read More
Are New Laws Banning Employers From Asking About Salary History Backfiring?
As I blogged about here and here, California and San Francisco recently enacted new laws prohibiting employers from asking applicants about their prior “salary history.” California currently joins Delaware and New York City as the only other jurisdictions that currently prohibit all employers from asking about salary history during the employment process. (Note: Several other… Read More
Arbitration Agreements — A Seawall to Surging PAGA Lawsuits?
Since its passage in 2004, California’s Private Attorneys General Act (“PAGA”) has been a weapon used by employees and their lawyers across California. PAGA allows one “aggrieved employee” to sue his/her employer in a representative capacity and to recover penalties and attorneys’ fees for technical violations of the California Labor Code suffered by that one employee… Read More
