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
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
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
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
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 »
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