The California legislature was certainly busy last year, resulting in a number of new and significant employment laws effective January 1, 2018. Employers should take note of the following key developments and review their policies and practices—preferably with counsel—to ensure they are in compliance and limit their potential exposure.
Just as forming a business partnership under California law requires completion of certain tasks, ending a partnership is also a process. General partnerships, where there is no specific end date, must be dissolved using three basic steps. These steps apply when partners voluntarily agree to dissolve the partnership. Where partners cannot agree, legal action is typically the best way to resolve disputes over the dissolution process.
If you hire an employee for one job, with certain duties, are you, as an employer in California, able to add additional requirements and threaten termination if the employee doesn’t complete these additional requirements?
This is a common situation, particularly when it comes to jobs requiring driver’s licenses. Although some employers initially hire an employee who does not have a license because such a requirement is not in the job description, many employers change the job descriptions to add a licensing requirement and threaten termination if the employee does not obtain a license.
If you are applying for a job in 2018, or planning to hire employees in the New Year, you may want to read up on two California laws that, as of January 1, 2018, will apply to the job application process.
An Applicant’s Criminal History
Worker’s compensation insurance is a legal necessity for most employers in California. The purpose of worker’s comp insurance is to provide a safety net for workers if they are injured on the job. There is no cost to workers to file a claim and the insurance must be provided and paid for by the employer.
Insurance Companies Are Looking to Make a Profit
Under California law, employers must have worker’s compensation insurance policies in place to cover their employees. The state also allows certain employers to self-insure. This is called a Self-Insurance Program (“SIP”). Which Employers Can Self-Insure? California has specific guidelines in place that determine whether an employer can self-insure. First, employers who want to self-insure must…
In California, a law exists to help regulate competition between different types of businesses: the California Unfair Competition Law (UCL). One of the main objectives of the UCL is to reduce the amount of false advertising that takes place in certain industries.
Defining Unfair Competition in California
When was the last time your company offered management and/or employee training programs? It’s well known that these informative programs have both practical and legal significance for your business. When run correctly, these programs are vital, as they should be specific to addressing the needs of your business and its organizational mission.
The Practical Importance of Training Programs
Companies sometimes dismiss trade secrets as a significant form of intellectual property because unlike patents, copyrights or trademarks, trade secrets are not publicly recognized or registered with the government. Indeed, every aspect of the trade secret depends on just that, secrecy. Once a trade secret becomes known, the value is lost (and a business generally suffers). Fortunately, California has laws in place to protect trade secrets.
Under California law, which is more generous to employees than federal law, employees are entitled to specific meal and rest breaks. Indeed, California is one of the few states that require employers to give their workers both meal and rest breaks. In one of our recent landmark cases, heard by the Supreme Court of California, it was affirmed that “on-duty” rest breaks are in violation of California wage and hour laws (more on this precedent-setting decision here).