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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

8 Guidelines for Writing Reference Letters

When a former employer agrees to give a reference, it must tread very carefully—a misrepresentation can result in a lawsuit. This leads some employers to go with a “no reference” or “limited reference” policy. But that approach harms good employees who can’t get the good references they deserve, and in extreme cases, it increases the former employer’s risk of being sued for negligent failure to warn about unsuitable employees. There’s a solution: Follow these truthful reference guidelines. Continue reading

6 Things Every CA Employer Should Know About Sexual Harassment Prevention Training

The recent allegations of sexual harassment against Hollywood producer Harvey Weinstein has renewed awareness of sexual harassment issues in the American public, and hopefully in American employers. California has long required sexual harassment prevention training, but many employers have questions about how it works. Here are some answers. Continue reading

Does an Employer Have to Give Severance Pay?

The short answer is “No.” But this may not be the smart answer. Although there’s no legal requirement to provide departing employees with severance pay, employers should always consider doing so in exchange for a general release of claims the employee may have against the employer. Continue reading

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