In a win for employers throughout California and across the country, a recent court decision shows that an “honest belief” continues to be an effective defense for employers responding to employment discrimination claims. In an employment law context, the “honest belief” rule focuses on what a decision-maker honestly believed the facts to be and whether…
A trade secret is a formula, practice, process, design, instrument, pattern, commercial method, or compilation of information that is not generally known or reasonably ascertainable by others, and by which a business can obtain an economic advantage over competitors. Many businesses survive on their ability to keep their trade secrets, well, secret. For this reason,…
It’s political season and everyone seems to have something to say, including (not surprisingly) the Equal Employment Opportunity Commission (EEOC). According to the EEOC, wearing a hat that states “Don’t Tread on Me” to work could potentially be a form of racial harassment. The phrase comes from the Gadsden flag, which is a historical American…
Many business owners feel as though operating within the City of Los Angeles is not an easy task and, unfortunately, the City has recently made it even more challenging. As of July 1, 2016, employers covered by both the California Healthy Workplaces, Healthy Families Act of 2014 (more on that here) and the City Ordinances…
Employers in California must be increasingly cognizant of the Americans with Disabilities Act (ADA) as it applies to employees and prospective employees. Title 1 of the Act specifically prohibits employers with 15 or more employees from discriminating against workers who have a disability. An individual with a disability is a person who: · Has a…
With November 8, 2016 (also known as Election Day), closer than you think, California employers need to be prepared for the presence of politics in the workplace. Under California law, employers play a part in protecting employee voting rights and other political activity. Voting Rights
The topic of bathroom use by transgender individuals is a hot one, and that includes in the realm of employment law. Indeed, the California Fair Employment and Housing Council (FEHC) is in the process of drafting new regulations that define employment practices which constitute discrimination against transgender applicants and employees. As an employer in California,…
Summer has arrived and for many California employers, that means summer internships. Internships can be a benefit to both the student and the employer, but if not approached properly, can land the employer in legal hot water. Do we have to pay our company’s summer intern? Maybe.
Employers, you may want to take a seat for this… Recently, the Supreme Court of California ruled that under Industrial Welfare Commission Wage Order No. 7-2001, “all working employees shall be provided with suitable seats when the nature of the work reasonably permits the use of seats.” The court held that employers must examine the…
With the prevalence of class action lawsuits in an employee-friendly state like California, employers must be aware of proper time card rounding policies and what work is being conducted off the clock by their employees. The Ninth Circuit Court of Appeal recently issued a pro-employer decision approving the use of time card rounding and solidifying…