Back in October 2019, California passed a new law (AB 51) that forbids employers from forcing mandatory arbitration clauses on their employees as a condition of their employment. Naturally, a lot of businesses weren’t pleased. Therefore, it was almost immediately met...
Employment Issues
What does at-will employment mean for your business?
Employees and employers alike often do not fully understand at-will employment laws. This can lead to confusion and confrontations, both of which are best avoided by each side. The biggest thing to know about at-will employment is that it means both sides can end the...
Getting sued for wrongful termination? Here’s what to do next
California is an at-will state. This means that, unless your employment contracts specifically state otherwise, you can fire your employees for any legal reason whatsoever, or for no reason at all. It’s an unfortunate part of running a business that sometimes you have...
Even prospering businesses need protection from discrimination claims
The threat of employee discrimination claims looms large on the horizon for all American businesses, regardless of their success. Many well-established companies enjoying fast growth feel that they are safe from discrimination claims. However, it is always wise to...
Want to avoid a compliance claim over the Americans With Disabilities Act or the California Fair Employment and Housing Act?
The Americans With Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) can be a thorny issue for a lot of companies. Many aren’t sure exactly what they need to do to avoid running afoul of the law once an employee comes to them about a...
New California COVID-19 Supplemental Paid Sick Leave – What Employers Need to Know
On March 19, 2021, California Governor Gavin Newsom approved Senate Bill 95 (“SB 95”) which entitles most California employees to a new bank of COVID-19 supplemental paid sick leave. The law will go into effect on March 29, 2021 and will not expire until September 30,...
Bringing back workers after vaccination: Logistics & expectations
As more people get vaccinated against COVID-19, the prospect of returning to the workplace seems closer than ever. That said, we won’t be safe until – at least – the population reaches “herd immunity,” according to Dr. Anthony Fauci. That won’t happen until around 75%...
When terminating employees, proceed carefully
Not every employee you hire will work out. Whether terminating someone’s contract due to a downturn in business or firing an employee because of something they did, it is never an easy decision. Once you have made your mind up, you need to ensure you go about it...
New Court Decision Holds There Is No Attorney-Client Relationship Giving Rise to Privileged Communications Between Counsel for the California Department of Fair Employment and Housing (DFEH) and Complaining Individuals
A recent appellate decision in Wood v. Superior Court (Jamacha), made clear that those who file complaints with the California Department of Fair Employment and Housing (DFEH) do not have an attorney-client relationship with counsel for DFEH and thus communications...