It was only 8 months ago that the California Supreme Court announced its bombshell ruling in Dynamex Operations West, Inc. v. Superior Court and announced the new test for determining when a worker was an employee or independent contractor. This new test was dubbed the “ABC Test” because, for a worker to properly considered an independent contractor,… Read More
HR & Employment Law Blog
Employers’ Group Sues California Claiming PAGA is Unconstitutional
Last week, an employers’ group that represents small and medium sized business across California sued the State claiming that its Private Attorneys General Act (“PAGA”) statute was unconstitutional. As readers of this blog know, PAGA is a controversial state statute, found in the Labor Code, that allows an individual employee to “stand in the shoes… Read More
Smart Onboarding Improves Employee Retention
Concerned about employee retention? You are not alone. A global study by McKinsey stated retention of top talent as the number one challenge CEO’s are currently facing. In a recent article in Forbes Magazine, Heidi Lynn Kurter takes a closer look at businesses with higher retention rates and how that rate is directly correlated to… Read More
Section 998 Offers Cannot Shift Attorneys’ Fees to Plaintiffs in FEHA Cases
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
Governor Brown Signs SB 1343 Expanding Sexual Harassment Training Obligations
On September 30, 2018, California Governor Jerry Brown signed SB 1343 which will lower the number of employees required to trigger mandatory sexual harassment training. Currently, any California employer with 50 or more employees is required to provide at least 2 hours of sexual harassment training to all supervisory employees within 6 months of assuming… 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
