The EEOC shows no signs of slowing down when it comes to its strategic enforcement of federal workplace discrimination laws. Indeed, EEOC litigation picked up in the fiscal year ended September 30, 2018, and the agency just held a major public hearing in October to emphasize the attention its placing on workplace harassment.
The #MeToo movement has certainly had an impact on how employers do business in California. But even before this, California was long considered to be a trailblazer in the area of sexual harassment law. Indeed, California’s Fair Employment and Housing Act mirrors Title VII and employers in other states often look to sexual harassment cases…Details
California’s stringent laws against the enforcement of non-compete agreements and non-solicitation agreements between employers and employees are well-known. Put simply, non-compete agreements and non-solicitation agreements regarding the solicitation of customers are not enforceable, but non-solicitation agreements regarding the solicitation of other employees may be enforced within limited circumstances.
Under the ADA, employers are required to provide reasonable accommodations to qualified individuals with disabilities. Indeed, failure to provide an accommodation is considered a form of disability discrimination and can open the business to potential legal claims. So how do you know when you need to provide such an accommodation?
As we have discussed at length in various blog posts (take a look here and here), maintaining employee handbooks is a critical necessity for businesses operating in the every-changing employment law environment of California. Preparing, maintaining, and updating a handbook that reflects the policies of your company and your operations takes time and expertise, and…Details
Nick Roxborough joined other thought leaders and stakeholders at a public hearing in Oakland last week to support a new Medical-Legal Fee Schedule (MLFS) model for Qualified Medical Evaluators (QMEs) that would raise their compensation to an adequate level.
California just passed the California Consumer Privacy Act of 2018, expanding the data privacy rights of California residents in an unparalleled step. All employers should be aware of the Act and prepared to meet its requirements come January 1, 2020, the date it goes into effect. Put simply, the Act provides consumers who are defined…Details
The California Supreme Court shook up the business world with their decision in Dynamex, a case covering the employer/worker relationship that we have discussed at length in this blog. Until recently, the idea of an independent contractor existed in the California workplace. The test the courts used to determine if the worker was in fact…Details
The world wide web. It seems impossible to remember a time before the internet (and social media) took over. And with employees, millenials particularly, adapting to our digital age with such ease, it is ever-important for California employers to be vigilant regarding how they respond to employee social media usage.
California business owners who read this blog are hopefully aware of the myriad laws governing the employer-employee relationship. These laws can also apply to soon-to-be former employees. As an disgruntled ex-employee can spell trouble for your business, read on to learn more about what you need to keep in mind when firing an employee in…Details