People in California general want to do the right thing and report illegal or other problems in the workplace. What they may fear, however, is that they will be treated unfairly or even fired if they speak up. Fortunately, California law addresses this situation and...
Employment Litigation
Employer requirements under the FLSA
The Fair Labor Standards Act (FLSA) is the law that addresses minimum wage, overtime pay, recordkeeping and other related wage and hour issues. The FLSA is enforced by the Wage and Hour Division of the U.S. Department of Labor. There are two ways employees can be...
How to ensure arbitration of employment disputes
For even the most well-run enterprises, the law of averages dictates that a dispute with a worker will eventually arise and lead to litigation. It simply comes with the territory. Forward thinkers in the C-suite who anticipate these inevitable dust-ups often include...
What is a hostile work environment?
Companies are often faced with various employee complaints and lawsuits. One common complaint an employer may hear is that an employee is suffering from a hostile work environment. But what is the legal definition of a hostile work environment and how can companies...
Paying per diems to your employees? Beware this costly pitfall.
California businesses routinely pay per diems to cover lodging, meals, and other incidental expenses for their employees who travel for work. A recent decision from the Federal Court of Appeals in California serves as an important reminder to those businesses about a...
Possible consequences of letting go a pregnant employee
The sad reality of business is that sometimes you have to terminate the employment of your staff for various reasons. Whether they engaged in misconduct, were incompetent at their job or even simply because you need to downsize, you’re eventually going to have to let...
Defending against wrongful termination lawsuits
Getting fired by an employer can be a devastating experience. But much like an employee has the right to quit a job at any time for any reason, an employer also has the right to terminate an employee’s employment for any legal reason (with a couple of exceptions),...
Understanding hostile work environments from the employer’s view
One of the greatest assets that a company can acquire is a solid team of employees. It can take time for an entity to retain the best people for each job that is required, and more time for those employees to grow together into a highly functioning group. California...
Wage rules for remote workers
California’s laws governing wages and other employment issues are not confined within a traditional office or work structure. Employers must deal with the recent rise in remote or telework and assure they are complying with wage and hour laws. The obstacles to...
Wrongful termination in the workplace
According to California’s Labor Code, employees are generally considered to be employed at-will. This means that both the employer and the employee have the right to terminate the employer-employee relationship if they see fit. In other words, an employee can quit...