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Should Employers Use Progressive Discipline?

Employment in California is presumed to be terminable “at will,” i.e., employees can be fired for any reason (unless it’s an illegal reason) without warning. See Lab C §2922. This often comes as a surprise to employees who expect to get notice before their employment is terminated. That some employers adopt progressive disciplinary policies may make it even more confusing. 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

Heads Up Employers: New Law Limits Use of E-Verify

interview_80608276The following is a guest blog post by James C. Anderson of Triebsch & Frampton, APC, in Turlock, California. Mr. Anderson practices in the areas of labor law, employment law for management, business transactions, and civil litigation. 

Many California employers use the federal electronic employment verification system, better known as E-Verify, to validate whether the employees they hire are authorized to work in the United States. E-Verify has been a relatively easy and low-risk verification system to use, but that may change with a new law that penalizes the use of E-Verify to check the employment authorization status of someone who hasn’t been offered employment.  Continue reading

BYOD = BYOA (Aspirin)

ThinkstockPhotos-76800137The following is a guest blog post by Perry L. Segal, an eDiscovery attorney with more than 25 years of combined experience in law and technology. He regularly writes on the subject at eDiscovery Insights.

In a side-by-side comparison between the benefits and detriments of BYOD (Bring Your Own Device), there’s no doubt that allowing BYOD might seem likely to yield productivity gains and other benefits for the company. But from a technology-management standpoint, BYOD causes great difficulty. If I were consulted, here’s why I’d likely fall into the “against” group.

Continue reading

Get Your Vacation Policy Right, and Then Relax!

455144299Enjoying vacation time this summer? We all need a vacation at some point, and thankfully many employers provide for paid vacation leave. But as with many wage and hour issues, employers get themselves into legal trouble by improperly handling paid vacation. Here’s an overview of pitfalls and a checklist for employers to get their vacation policy right. Continue reading

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