A recent study conducted by LinkedIn asked participants—over 2,000 working professionals—what skills they desired most in their bosses. The results yielded a clear “top 5” list of qualities that people most want to see their bosses exhibit. Problem solving: what your employees most want to see is a boss who models effective problem solving skills…. Read More
HR & Employment Law Blog
Court Blocks AB 51 From Taking Effect on January 1, 2020
AB 51 was signed by Governor Newsom back in October 2019. AB 51 generally prohibited employers from requiring employees, as a condition of employment, to agree to arbitrate any future Labor Code claims and/or Fair Employment and Housing Act (“FEHA”) claims. AB 51 also made it illegal for employers to use an “opt out” provision… Read More
California Supreme Court Gives Employers a PAGA Victory
In a rare “win” for California employers, the California Supreme Court recently ruled in ZB, N.A. v. Superior Court that the “underpaid wages” authorized by Labor Code §558 are not recoverable in a PAGA action. California’s Private Attorneys General Act (PAGA) As readers of this blog know well, PAGA permits an “aggrieved employee” to bring an… Read More
In the Workplace, Stress is the Enemy
If you’re concerned with employee retention at your company, minimizing stress levels amongst your team should be a top priority. According to a recent Harvard Business Review article, when employees are stressed, their critical and creative thinking is diminished, and the odds of them leaving their jobs are almost tripled. Because stress shows up in… Read More
Blowing the Whistle…Paying the Piper
Whistleblowing in the workplace recently got a lot more expensive for California employers. A recent California Court of Appeals decision, Todd Hawkins et al. v. City of Los Angeles, has reminded employers — again — about how costly a whistleblower case can be. Blowing the Whistle… Anyone following the national news is familiar with the general… Read More
Use “No Rehire” Provisions in Separation Agreements? Not Anymore…
When an employee separates from a company – whether voluntarily or involuntarily – employers generally don’t want that employee to apply for work again, or to have any chance of dealing with a subsequent lawsuit or claim for “failure to hire.” When paying severance or separation pay, or when settling with an employee, employers want… Read More
Missed Meal/Rest Periods Don’t Trigger Waiting Time Penalties
The California Court of Appeals recently ruled in Naranjo v. Spectrum Security Services that an employer’s failure to pay meal or rest period premium pay for an employee who is denied a meal period does not trigger derivative (a) waiting time penalties under Labor Code §203, or (b) pay stub violation penalties under Labor Code… Read More
California Expands Employers’ Lactation Accommodation Requirements
On October 10, 2019, Governor Gavin Newsom signed SB 142 into law, which expands California employers’ obligations to accommodate employees who need to express breastmilk during the workday, most notably by adding a number of new requirements for the lactation space itself. The bill also establishes significant penalties for employers that fail to comply with… Read More
McDonald’s Corp. is Not a Joint Employer of Restaurant Employees
On October 1, 2019, the federal Ninth Circuit Court of Appeals ruled in Salazar v. McDonalds Corp. that McDonald’s was not a “joint employer” of 1,400 employees who worked at various Bay Area McDonald’s restaurants owned and operated by the Haynes Family Limited Partnership (“Haynes”). As a result, only Haynes – and not McDonald’s Corp…. Read More
AB 9 Now Gives Employees 3 Years to Bring Harassment and Discrimination Claims
On October 10, 2019, Governor Gavin Newsom signed AB 9 into law. AB 9 extends the deadline for employees to file a charge of employment discrimination, harassment, or retaliation with the Department of Fair Employment and Housing (“DFEH”) from 1 year to 3 years. The new deadline is 3x longer than the current state requirement… Read More
