Posted on June 22, 2015 by Julie Brook, Esq.
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
Filed under: Employment Law, Legal Topics | Tagged: California Family Rights Act, CFRA, employee leave, Family Medical Leave Act, FMLA, HR, human resources, pregnancy leave, sick leave | Leave a comment »
Posted on June 8, 2015 by Julie Brook, Esq.
It’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
Filed under: Business Law, Employment Law, Legal Topics | Tagged: employee, employee guidelines, employer, hiring, trade secrets, unfair competition | 2 Comments »
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.
Updated June 17, 2015: The California Labor Commission has found that a driver for Uber in San Francisco is an employee of the company.
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 | 1 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 »