4 Defenses to Employee Defamation Claims

ThinkstockPhotos-469838082The Recorder reports an uptick in defamation claims by fired employees. These claims are often in the form of plaintiffs saying that their bosses gave others false reasons for their firing. These types of claims strike fear in the hearts of employers, but employers do have some powerful defenses to call upon. Continue reading

Your Employees Are Probably Doing It, So Have a BYOD Policy

People today can (and do) work from anywhere—connected through the Internet, WiFi, and cloud-based platforms with a variety of mobile devices. This makes preventing confidential and proprietary business information from “walking out the door,” whether intentionally or not, a nightmare for employers. Having a Bring Your Own Device (BYOD) policy may help. Continue reading

When a Start-Up Needs an Employee Handbook

Once a company grows to 20 employees or more, it may be time to create an employee handbook. Here are some common objections to this formality and how to overcome them. Continue reading

10 Tips for Workplace Investigation Interviews

Businesspeople at meeting

Given the employer’s duty to “take all reasonable steps” to prevent discrimination, harassment, and other unlawful practices (Govt C §12940(h)(5), (k); 29 CFR §1604.11(d)), employment lawyers can expect to  conduct—or assist a client in conducting—a workplace investigation. Although most will be well-acquainted with the fact-finding process, the role of a litigator and the role of an investigator are quite different and implicate different goals, interests, and naturally, a whole host of different problems. Continue reading

Are You Ready for the New Mandatory Sick Leave Law?

Updated: Effective 7/13/15, AB 304 made amendments to the new sick leave law.

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.

California employers and employment lawyers have been (hopefully) planning for the new mandatory sick leave law for many months and now it’s finally here! Here’s a look at the law. Continue reading

Employee Leave Law F.A.Q.s

It can be very confusing to calculate entitlements under employee leave laws—particularly the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)—and even more complicated trying to figure out how the laws interact with each other. Continue reading

Play Fair: Guidelines for New Employees Hired from a Competitor

505283113It’s common for customers or clients to want to stick with the person who has been handling their account even when that person moves to a different company. But this situation can create serious issues around trade secrets and unfair competition. So, whenever you hire someone from a competitor, give that new employee guidelines to follow—it will save everyone legal headaches. Continue reading

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