The Equal Employment Opportunity Commission (EEOC) has provided guidance stating that Employers who accommodated employees by giving them permission to work remotely during the COVID crisis are NOT required to continue remote telework for employees.
Governor Newsom signed Assembly Bill 1867, which gives all California workers who test positive for COVID-19 or have been exposed to the novel coronavirus that causes the disease access to paid sick time for the rest of 2020
Covid 19 has changed doing business in new and sometimes challenging ways. The old face-to-face meeting has become history in many places, especially with legal matters.
Employee lawsuits are rising in California due to the new laws enacted related to the Coronavirus. In California employment is "at will" (unless you are under a contract) and employers may terminate employees with or without a reason at anytime with or without notice.
Every business should have a Document Retention Policy in place for their own use and in case of a lawsuit. Companies have a right to review emails and other communications exchanged between employees. This can only be done if the information is stored and kept.
As the country grapples with protests supporting groups like “Black Lives Matter” and their affiliates, Employers grapple with how to handle the protestors who are their employees.
As An Employer You Must Respond to a Variety of issues to Maintain and Re-Open Operations During the COVID-19 Outbreak Since this situation is unpredictable you, as an employer, must take a number of actions to ensure your business practices follow local and state guidelines
As we start getting back into the workplace, most local and state rules mandate the wearing of masks outside, at stores, places of public accommodations and in the workplace.
As restrictions start easing and businesses are re-opened, business owners will be facing a new “normal” in the workplace and employees will find changes, which if business owners are not careful, could lead to lawsuits.
Recently I have been asked questions by people having work done on their homes. Sometimes it is a full remodeling, sometimes it is serious repairs or maybe a new water heater or air conditioning unit. My answer is always the same, for any project or purchase or workers hired
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 businesses who focus only on "more sales" and are complacent about dangers that can easily be avoided. Having preventative measures in place can save you money and turn losses into profits. It's important to do the following things before trouble happens: Select an experienced business attorney [...]
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 worse and this employee will probably come up with a work injury or disability or something else you will have to take into consideration as part of the termination. The main thing to remember is that the reason for termination cannot be discriminatory. That [...]
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 must therefore comply with the ADA requirements on their website. Restaurants are popular targets, but the field is expanding fast. There are no clear ADA regulations that explain what compliant website content looks like. What is even worse is that there are no clear [...]
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 to orally with the salesperson is what the contract says. THIS CAN BECOME A BIG MISTAKE. Next thing you know you have a problem and the salesperson who promised you this was not going to happen is no longer with the company. There's [...]
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 inappropriate behavior. What I don’t understand is why now? Something else is going on. Now I may sound paranoid, and as an attorney I believe that is my right, but there is someone big and powerful out to get Harvey Weinstein and now is [...]
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 environment. The prevalent company culture, which brought UBER financial success, ignored the basic rights of employees. And in the blink of an eye, one employee went public and the situation snowballed into a law firm investigation, dozens of layoffs, and investor revolt. The lesson [...]
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 is banned from premises. Police: Advise personnel to contact police if person is spotted. Depending on threat, file a police report. Confidential: Share information only with gatekeepers to workplace safety. In your opinion, if the threat is old, not imminent, not relevant, or not credible, [...]