Big Changes for CA Companies Using “Independent Contractors”

Photo of a delivery driver checking his deliveries in his van. Is he an employee or an independent contractor?Determining whether a California worker is an independent contractor or an employee has never been an exact science, with a lot riding on correct classification. But the California Supreme Court recently tried to simplify the issue by adopting a new “ABC” test for California, at least for claims under the IWC Wage Orders for minimum wage, overtime pay, and meal and rest period violations. Continue reading

Protect Trade Secrets with This Exit Interview Checklist

When it comes to protecting an employer’s confidential and trade secret information, the importance of a comprehensive exit interview can’t be overstated. Continue reading

Can Employers Control How Employees Take Vacation?

employee leaving work to go on vacationCalifornia employers have considerable control over when and how employees use their accrued vacation time, but there’s a major caveat. Continue reading

7 Steps Employees Must Take to Get Disability Accommodation

employee with disability taking steps to stay at workWhen an employee becomes disabled, it doesn’t necessarily mean that the employee can’t work anymore. There may be accommodations that will allow the employee to keep doing the job. To figure this out, the employee must first take these steps. Continue reading

Can an Employer Require a Lie Detector Test?

man getting hooked up to lie detector machineUnder California law, the answer is “no,” and under federal law it’s “probably not.” But some employers still want to give employees a polygraph, lie detector, or similar test. Continue reading

Can Employers Still Reject Applicants with a Criminal History?

woman interviewing job applicantWhen and how employers may consider criminal convictions continues to be a hot topic, both in California and nationally. Against this backdrop, AB 1008 amended the Fair Employment and Housing Act to preclude most employers from inquiring about an applicant’s criminal record or conviction history until after a conditional employment offer is made, and imposed new notice and disclosure requirements if this information is sought. Continue reading

The Pros and Cons of Using Independent Contractors

considering the pros and cons of using indepedent contractors instead of employeesWhen your client decides to use independent contractors instead of employees, you need to go over the advantages and disadvantages of choosing the independent contractor route. Continue reading

Checklist for Employers Conducting Misconduct Investigations

Checking off list for employers to take when investigating employee misconductWhenever an employer learns of employee behavior that’s inappropriate, unlawful, or violates company policies, it’s time to investigate. California law may require an employer investigation (e.g., for harassment), but even if not legally required, a prompt, fair, and reasonable investigation can help prevent or defend against a potential legal claim. Here’s a handy checklist for employer internal investigations. Continue reading

Employees Are Entitled to Rest

Under California law, employees are entitled to rest breaks based on time worked.  Here are five things every employer and employee should know about employee rest breaks. Continue reading

New Year, New Laws for Employment Lawyers

The California legislature has enacted several new laws that will affect employers and employment lawyers. Here are some of the key statutory changes you need to know about. Continue reading