It’s common for employees to have more than one job or have a gig on the side. It’s also common for employers to dislike “moonlighting” by employees because of possible conflicts of interest or problems arising from conflicting work schedules or demands on the employee. But what can employers actually do about moonlighting? Continue reading
When it comes to a whistleblowing employee, how the employer responds can make all the difference. An inappropriate response can put an employer in legal jeopardy. Continue reading
The short answer is probably. No California law requires private employers to provide employees paid or unpaid time off for secular or national holidays (although many do), but when it comes to religious holidays, there’s a different legal landscape. Continue reading
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
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
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
When a death occurs in an employee’s family, does a California employer have to provide paid time off? The answer: it depends. Continue reading
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.
Smoking in California workplaces has been prohibited for decades. But just because you see or smell tobacco smoke in a workplace doesn’t mean the law is being broken. Understand the law and its exclusions so you can properly advise your clients. Continue reading