Checklist to Keep Employee Discipline on a Legal Track

533402213Employers 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

10 Steps to Hiring Without Violating Disability Discrimination Laws

stk205067rkeRegardless 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

New Year, New Laws for Employment Lawyers

464956543The 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

Who Pays for Employee Cell Phone Use?

187625854For many employees, their cell phones are always close at hand, whether at work or in their personal life. But what if the employer requires employees to use their personal cell phones for work-related activities? Then we have a work/personal hybrid situation, and determining what part the employer should reimburse as a work expense becomes tricky. A California court of appeal recently waded into this issue, but not far enough. Continue reading

Should You Go on the Offense Against a Wrongful Termination Plaintiff?

493444849When sued by a former employee for wrongful termination, many employers feel that the best defense is a strong offense and want to attack back with a cross-complaint. But is this a good game plan? Continue reading

Conducting a Fair Workplace Investigation

475850687Every employment attorney at some point will be asked either to conduct or assist with a workplace investigation. Attorneys taking on this role will need to act as a neutral fact finder and refrain from zealous advocacy, a change a pace for many. Continue reading

Employee Poaching

477986347Poaching employees from a rival company has risks. So does agreeing with your rivals not to poach employees from each other. Potential poachers beware… Continue reading

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