Employment law is constantly evolving. Every year, the state of California passes new labor laws that impact the employment relationship. The following are some of the most prominent changes that will take effect on January 1, 2020. AB 5: Independent Contractors AB 5 codifies California Supreme Court’s 2018 decision in…
In the 1940’s, a soap company in Chicago hired a small crew of firefighters to live on the premises and be available for emergencies. The crew officially worked a nine-hour shift but were also required to sleep in a designated location and respond alarms, if necessary. A legal dispute arose…
In 1973, the NCAA enacted a rule prohibiting student athlete drug use. Unfortunately, there was no standardized drug test to enforce the rule. At the 1983 Pan American Games in Caracas, Venezuela, several college student athletes tested positive for prohibited drugs, causing great embarrassment for the NCAA and raising questions…
When Thomas Jefferson commissioned an expedition to explore the western frontier in 1803, he called upon two men who, among other things, were valiant record-keepers. Meriwether Lewis, a secretary, and William Clark, a cartographer, spent three years exploring and documenting an unknown territory. Some of the most important things to…
In April 30, 2018, the world of employment law was shaken by the decision of the California Supreme Court to apply a stricter standard for determining whether a worker was an employee or independent contractor. The new standard, set forth in Dynamex Operations West, Inc. v. Superior Court of Los…
California law prohibits discrimination against job applicants and employees on the basis of age, race, color, religion, sex (including pregnancy, childbirth, breastfeeding, and related medical conditions), national origin, ancestry, mental and physical disability (including HIV and AIDS), medical conditions (such as cancer and genetic characteristics), marital status, genetic information, sexual…
Breaking up is hard to do. There can be many reasons why an employer finds it necessary to end the employment relationship. It could be for performance reasons, a reduction in force or realignment of duties. Under any of these circumstances, it is not to easy to tell an employee…
The #MeToo movement, with its focus of preventing sexual harassment and sexual assault, has led to the passage of new California employment laws. Some of these laws are good for employers, some are bad, and some depend on your political outlook. Regardless of political affiliation, there is no doubt that…
The importance of an employee handbook cannot be understated. As long as the handbook is drafted properly, and the policies are followed, an employee handbook can be used as both a sword and shield to protect the employer from liability. As a shield, an employee handbook helps reduce potential liability.…
In California, covered employers are required to provide up to 12 weeks of unpaid, job-protected leave to eligible employees for certain family and medical reasons, such as an employee’s serious health condition. But what happens if the employee is unable to return to work after the protected leave expires? When…