Posted on May 13, 2015 by Julie Brook, Esq.
A potential whistleblower need only run a quick Internet search to find many attorneys ready to take his or her case. Knowing this, employers need to be proactive: Any employer handbook or policy and procedures manual should include provisions aimed at educating all workers about the rights and obligations of whistleblowers. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employee handbook, employment policies, HR, human resources, retaliation, whistleblower claims, whistleblower policy, whistleblowing | Leave a comment »
Posted on April 15, 2015 by Julie Brook, Esq.
Deciding whether to treat workers as employees or independent contractors is tricky in general and even more so in the context of the new so-called sharing economy. In recent decisions, courts have refused to resolve whether the drivers for Lyft and Uber should be treated as employees or independent contractors, leaving it for juries to tackle the question. And the answer could majorly impact the companies’ highly successful business model. Continue reading
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: independent contractors, Lyft, new economy, right to control test, sharing economy, Uber | Leave a comment »
Posted on February 9, 2015 by Julie Brook, Esq.
Employers walk a fine line when it comes to employee discipline: they must enforce their rules while also protecting employee rights. Target seems to have missed the mark recently—a lawsuit alleges an employee committed suicide after his public shaming that was part of discipline following an accusation against him of theft. To help employers stay on track, apply this discipline checklist in every situation. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employee discipline, employees, employer disciplinary policies, employers, human resources | Leave a comment »
Posted on January 16, 2015 by Julie Brook, Esq.
Regardless of whether a job applicant has an apparent disability, employers should always follow these 10 steps to reduce the risk of liability for running afoul of the anti-discrimination provisions of the ADA or the FEHA. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: Americans with Disabilities Act, disability discrimination, employers, employment application, employment discrimination, Equal Employment Opportunity Commission, Fair Employment and Housing Act, HR, human resources, job applicant, job interview | 1 Comment »
Posted on December 19, 2014 by CEB
The following is a guest blog post by Tyler M. Paetkau, a partner with Hartnett, Smith & Paetkau in Redwood City. Tyler represents employers in all aspects of labor and employment law. He’s a frequent author and speaker on labor and employment law issues, and the former Chair of the Executive Committee of the Labor and Employment Law Section of the State Bar of California.
The California legislature has enacted several new laws that will affect every employer and employment lawyer in 2015. Here’s an overview of some of the key statutory changes you need to know about. Continue reading
Filed under: Employment Law, Legal Topics | Tagged: employees, employers, new laws, new legislation, sick leave law | 1 Comment »
Posted on December 1, 2014 by Jean Magistrale, Esq.
In what’s being touted as a national precedent, the Indiana Court of Appeals upheld a $1.4 million trial court verdict for a Walgreens customer whose prescription information was leaked by a pharmacist to a third party. This may be one of the first times a health care provider was found liable under state negligence law for an employee’s failure to follow the federal Health Insurance Portability and Accountability Act (HIPAA)—and serves as a cautionary tale for employers in every state. Continue reading
Filed under: Business Law, Employment Law, Legal Topics, New Legal Developments, Tort Law | Tagged: employer liability, health care providers, HIPAA, medical records, negligence, pharmacy records, privacy, respondeat superior | 2 Comments »