What CA Employers Need to Know About Using Foreign Labor Contractors

To combat the trafficking and exploitation of foreign workers, the California Legislature enacted SB 477 in 2014 to strengthen regulations on “foreign labor contractors” who recruit foreign workers to relocate to California. See Bus & P C §§9998–9998.11. The law put most of the compliance burden on the labor contractors, but there are implications for employers, too. Continue reading

Employer Checklist: Responding to Request for an Assistive Animal

A possible accommodation for an employee’s disability may be the use of an assistive animal in the workplace. What considerations should go into deciding whether to allow this accommodation? Here’s a handy checklist to help employers respond—keeping in mind that they have only 10 days in which to do so. Continue reading

Employee Leave For Kids’ School Activities

Being a working parent is challenging, but California law provides some help. There are legal protections for employees who are parents of school-aged children and are juggling the demands of school issues and work. Here’s a look at the legal protections and what employers are required to provide. Continue reading

Yes, California Employers, It Really Is Time to Update Your NDAs

The following is a guest blog post by Tyler M. Paetkau, Hartnett, Smith & Paetkau, Redwood City, CA. Tyler represents employers in all aspects of employment and labor law, including counseling and litigation regarding trade secrets and unfair competition.

Now is a particularly good time for California employers to update and revise their agreements with employees respecting trade secrets and other confidential and proprietary information (NDAs), based on several recent, noteworthy legal developments. Review your NDAs and make these three changes. Continue reading

Checklist: What to Include in Anti-Harassment Policies

thinkstockphotos-466150788Employers not only may be held liable for workplace harassment, but they have the potential for separate liability for not taking reasonable steps to prevent the harassment from occurring. Govt C §12940(k). One step every employer should take is to draft and disseminate an anti-harassment policy. Note that the mere existence of a policy prohibiting harassment isn’t enough to shield the employer from liability. To work as a shield, the policy must be adequate and it must be distributed to employees. Does your client’s policy include all of the elements in this checklist? Continue reading

Settling Employment Cases: Think Beyond Money

thinkstockphotos-512549722When you’re negotiating settlement of an employment action, you have much more to consider than just “how much money.” There are many nonmonetary remedies that can—either alone or combined with money—bring the parties to agreement. And how money is paid out can also be a good bargaining chip. Continue reading

Watch Out for Probationary Employees Getting Implied Contract Rights

thinkstockphotos-537228660Employers often set up an “introductory” or “probationary” period for initial evaluation of new employees. There’s often a performance evaluation at the end of this period, and employers may believe they have every right to let an employee go if this evaluation is negative. But watch out: Unless employers take the proper precautions, probationary periods may create implied contractual rights to employment on successful completion of the probationary period. In other words, employers may be stuck with the employee despite a poor post-probationary period evaluation. Continue reading

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