Posted on January 11, 2017 by Julie Brook, Esq.
Employers 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
Filed under: Compliance/Best Practices, Employment Law, Legal Topics | Tagged: at-will employment, employee handbook, employee on probation, employment policies, human resources, implied contract, probationary period | 2 Comments »
Posted on December 12, 2016 by Julie Brook, Esq.
Were you able to keep track of the new legislative changes that will affect California employers and employment lawyers? Don’t worry, we did and here’s an overview of some of the key statutory changes you need to know about. Continue reading
Filed under: Employment Law, Legal Topics, New Legal Developments | Tagged: employees, employers, Employment Law, equal pay, job applicants, minimum wage, new statutes, PAGA, smoking ban | Leave a comment »
Posted on November 30, 2016 by Julie Brook, Esq.
Who owns an employee’s inventions? This is an issue that’s vitally important to many businesses, particularly those in the tech industry. Most companies are taking a proactive step by requiring employees to sign invention assignment agreements as a condition of their employment. Here are some tips for drafting these agreements for the employer’s maximum protection. Continue reading
Filed under: Business Law, Employment Law, Legal Topics | Tagged: confidentiality agreement, employees, employers, employmen, invention assignment agreement, trade secrets | 1 Comment »
Posted on November 16, 2016 by Julie Brook, Esq.
Posted on October 19, 2016 by Julie Brook, Esq.
You’re dealing with a debtor who won’t pay up and you decide to garnish his or her wages. It’s a very technical process, but these seven steps break it down. Continue reading
Filed under: Civil Litigation, Employment Law, Legal Topics | Tagged: creditor, debt collection, debt payment, debtor, enforcing a judgment, judgment, wage garnishing | 3 Comments »
Posted on October 3, 2016 by Julie Brook, Esq.
Although prohibiting gender-based wage discrimination since 1949, California’s Equal Pay Act (Lab C §1197.5) was rarely used as a basis for litigation because its language made it difficult for an aggrieved plaintiff to establish a successful claim. But now that the legislature has amended it, §1197.5 may become more popular with plaintiffs. And employers get more clarity about what is and isn’t allowed.
Filed under: Compliance/Best Practices, Employment Law, Legal Topics, New Legal Developments | Tagged: employees, employers, employment policies, Equal Pay Act, Fair Pay Act, gender discrimination, pay discrimination | Leave a comment »
Posted on September 21, 2016 by CEB
The following is a guest blog post by Jeffrey D. Polsky, a partner at Fox Rothschild LLP, where he counsels employers on California employment law issues, represents them in litigation, and writes for Fox Rothschild’s California Employment Law Blog.
Should employers have mandatory arbitration agreements with their employees? Having tried and arbitrated dozens of cases on behalf of employers, here are what I see as the pros and cons—and where I stand on the question. Continue reading
Filed under: Business Law, Compliance/Best Practices, Employment Law, Legal Topics | Tagged: arbitration provision, contractual arbitration, employees, employers, employment agreement, employment contract, employment litigation, mandatory arbitration agreement | 4 Comments »