The situation surrounding the Covid-19 virus, stay at home orders, testing, and treating infected individuals along with rules related to quarantine, staying at home, closure of businesses, and the continued work of essential businesses are constantly changing.
In a situation that is constantly changing Employers and Employees need to adapt, use common sense, follow the law and remember to treat all similarly situated Employees in the same manner.
An applicant, employee or former employee now has three years (instead of one) to file a claim against an Employer with the Department of Fair Employment and Housing (DFEH) regarding any wrongful employment or termination issues.
Training Requirements: Effective January 1, 2020, California Employers of five (5) or more employees, including employees who work outside California and/or seasonal workers, received a one-year extension through January 1, 2021 to complete required sexual harassment prevention training for ALL employees.
There are many attorneys in California -- you can’t shake a stick without hitting one. Attorneys, like in any profession are basically mediocre, some attorneys are simply not qualified unfortunately and then there are the few that excel in the areas that they practice in -- and I am one of those that excels in my areas of practice
Every Business can fall prey to fraud, embezzlement, and other types of scams. That’s how billions of dollars are lost each year; by theft from employees. You hear about it mostly from large corporations, but size is not a guard against theft. An employee can walk away with goods to resell or with money in the form of cash or checks.
New Version of AB 51 in CALIFORNIA has been signed by Governor Newsom Attn Employers : A revised version of Assembly Bill 51 will take effect Jan. 1, 2020. This law effectively outlaws mandatory arbitration agreements with employees.
Watch Liat explain what an "At-Will" State means for an employer as well as the employee. Extracted from an interview with WorkCompMatters.org host, Steve Appell.
Want Your Business to Succeed? Of course all entrepreneurs are optimistic when they form a new business, but there are some common, not-so-obvious mistakes that can spell disaster for any business regardless of size or age. Be smart and take a few simple actions to proactively avoid trouble. The most common mistakes are made by [...]
Employment in CA is "at will" which means an employer can hire and fire an employee with or without any reason at any time with or without notice and an employee can leave the same way. If you have a problem employee the sooner you deal with it the better. The situation is likely to get [...]
Domino's Inc. tried to argue in court that they are not required to make their website or phone apps ADA compliant. In January of this year, the Appellate court ruled against them thus making it easier for attorneys to bring lawsuits against other businesses. Most businesses that are targeted are small businesses that provide "public accommodation" and [...]
Business owners will enter into contracts with vendors or other providers for goods and services on a regular basis. Your phone service, copy machine, website builder, marketing consultant, suppliers, distributor or other service company. Most business owners do not have the time nor inclination to read through the fine print of a contract and assume what they agreed [...]
The mainstream media, social media, pundits, bloggers and everyone in between have gotten on the bandwagon to blast Harvey Weinstein, demonstrating once again that a man is guilty until proven otherwise when it comes to sexual harassment. Do not get me wrong, I do believe the women who have come forward with their stories of Harvey’s [...]
UBER ignored a primary cornerstone of a solid business during its super-expansion. Simply stated, no one at the company took the time to create a foundation - a structure, and sound policies. In fact from public reports it seems UBER sanctioned sexual harassment and gender bias which was encouraged or ignored by management in a hostile work [...]
Depending on the situation and your assessment of the threat, you may wish to do any or all of the following: Keep person off premises: Put supervisors on notice to watch for person, disseminate the photograph, especially to receptionists and front desk people who are greeters. Notify Security: Advise security and building personnel that the person [...]
Are you married? Do you have an "ex"? Do you have children? Children from a previous marriage? A home? Or Two? A business? Parents you need to take care of? A crazy relative? A brother you cannot stand? A special needs grandchild or other relative? An in-law you think is out for the family money? If [...]
Employers can reduce sexual harassment claims by knowing recent changes in the laws in California, (specifically SB 1300) have made it easier for an employee to claim sexual harassment in the workplace. When conduct sufficiently offends, humiliates, distresses or intrudes upon an employee, so as to disrupt the employee's emotional tranquility in the workplace it is enough to [...]
Any person who signs a contract must first decide which path to take: "arbitration or a jury trial which is best?" Up until about fifteen years ago this was a usually an automatic decision. People wanted their day in court, they wanted a judge to oversee the procedures, and they wanted a jury to hear their case. Then arbitration organizations grew and developed rules that were incorporated into the California and Federal statutes which gave people the same rights in arbitration that they would get in court with the exception of a jury. Additionally, arbitration is a much quicker process, most of the arbitrators are retired judges that know the law, and in days when court proceedings last two years or more, hearings take months to schedule, and jury trials are a gamble there is much to be said for a quick and more efficient arbitration. When drafting contracts or agreements for my clients I always discuss the pros and cons of arbitration versus court. There are many attorneys that, no matter what you say, are consummate believers in court and jury trials. Some, because they can charge more for their work and time spent; some because they believe juries will give larger awards. Those attorneys (myself included) who have actually gone to trial in front of a jury or sat on a jury know that you NEVER know what a jury is going to do; what small fact they will latch onto and what will be the deciding factor for them.
In 1973 my Family Immigrated to Los Angeles from Israel where I was born. My parents, new to this country, did not understand English well. As many immigrants, they were entrepreneurs who went into business for themselves. Between the two of them they worked in dry cleaning, teaching, sandwich shop, 7-Eleven, and three restaurants including a [...]
42% of theft occurs in companies with less than 100 employees. * Association of Certified Fraud Examiners As a business owner you want to believe that the people you hire are honest, and most are. That said, you must be vigilant concerning theft from your own employees regardless of the size of your business or the [...]