Your employee claims to be injured while on the job. Although you may have doubts, as an employer in a state where workers’ rights and workers’ compensation are strictly regulated and enforced, what can you do? To deny the employee’s claim or challenge the validity of their injury could place you and your company at…
The issue of expense reimbursement in the workplace is not a new one. Most employers are aware that they must reimburse an employee for certain expenses. In accordance with California Labor Code §2802, an employee is entitled to be reimbursed by an employer for all expenses or losses incurred in the direct consequence of the…
A new employee is receiving training on the company computer system from her manager. He’s sitting close to her, but is it too close? There were a few unnecessary touches on the arm and leg, but what’s a new employee to do? And then throw in sexually-charged text messages, dirty jokes, cornering an employee in…
The issue of employee rest breaks has long been a legal hot topic and our law firm is no stranger to the debate. Indeed, in 2012, after a seven year battle on behalf of 15,000 security guards, RPNA’s experienced employment lawyers obtained a $90 million summary judgment for these employees in a class action lawsuit…
The importance of an employee handbook cannot be overstated. In the past, employers would hire their staff and give verbal instructions about the expectations of their job, if they provided any at all. Today, however, with employment laws changing frequently (often each July and January) and with more and more lawsuits arising out of policy…
If you are considering requiring your employees or prospective employees to submit to workplace drug and alcohol testing, you would be well advised to know how far your rights as an employer extend under both federal and California law. Drug testing in California At the state level, the California Constitution guarantees a right to privacy…
In a landmark decision affecting workers’ wages, the California Supreme Court recently held that employees who are merely “on call” at the employers’ behest are, in fact, “working” and must be paid their full wages. This is the first case to determine that simply being on call, i.e. being ready to work, is actually working…
Your new employee starts work on September 1, 2015 (yes, a few months down the road, but let’s just imagine…). On December 1, 2015, they request several days paid sick leave. Your first reaction may be to say “not yet” but under a new law known as the Healthy Families Act of 2014 (which goes into effect July 15, 2015), you will be required to provide paid sick leave to certain California employees who have worked 30 days. In other words, once your employee works 30 days, as an employer, you are required to provide sick time of up to 3 days. Of course, an employer can
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A recent labor decision has further defined the differences between an employee and an independent contractor and their classification for employment purposes. For several reasons, the least of which includes potential employment-related litigation, the proper qualification of a worker as an independent contractor or an employer is crucial. At issue in this case, involving FedEx…