Labor and Employment Law Archives

Better Late Than Never - Late Notice May Not Be Detrimental To Coverage Under An Occurrence Policy

As anyone who has ever tried to read through an insurance policy can attest, there are pages upon pages of terms, conditions, exclusions, limitations, definitions, and ... notice requirements. Most notice requirements in policies mandate that notice of a claim be provided in a prompt or timely manner. While the failure to strictly adhere to the policy's notice requirements can result in a forfeiture of coverage, late notice may not always be detrimental. In Marty Lat v. Farmers New World Life Insurance Company (10/16/18 Court of Appeal 2nd Dist.), the Court of Appeal held that an insurance company may not deny an insured's claim under an occurrence policy based on lack of timely notice or proof of claim unless the insurer can show actual prejudice from the delay.

New Appeals Court Decision Makes It Harder for Businesses to Protect Themselves from Ex-Employees

In AMN Healthcare, Inc. v. Aya Healthcare Services, Inc., the Court of Appeal held that a "Nonsolicitation of employees" provision of a standard Confidentiality and Non-Disclosure Agreement signed by employees who later left to compete against their former employer was void and unenforceable as an improper restraint of the employees' right to practice in their chosen profession.

3 Items For Your Winter Corporate Check-Up

One of BKCG's main goals is to help our clients avoid legal problems from occurring in the first place and, with that in mind, based on our clients' experiences and recent legal developments, we suggest you consider doing the following 3 things to help your company stay out of legal peril.

Litigation over an employee's work-related injury

From claims that an employee experienced discrimination or sexual harassment, there are many different legal issues related to employment law that can create hardships for workers and companies alike. However, it can be especially difficult to deal with the aftermath of a work-related injury. These injuries can create financial and physical hardships for workers, and they can also give rise to a number of challenges for employers. Moreover, each case is unique and some may involve fabrications and outright lies in order to receive compensation that is not deserved. It is very important to handle legal action over an employee injury properly.

Handling allegations of age discrimination

In the workplace, an employee may be subjected to unlawful discrimination over their gender, religious beliefs or sexual orientation. However, age discrimination is especially concerning and has created many obstacles for some workers. With that said, some people have also falsely accused a hiring manager or employer of age discrimination, whether their application was turned down or they were let go. There are many reasons why employees and prospective employees may wrongly believe that they were discriminated against because of their age, but the consequences can be particularly damaging for a company both in terms of reputation and financial penalties.

Handling disputes with employees properly

Employers may run into a wide variety of problems with staff members, whether they involve sexual harassment, allegations of unpaid overtime, accusations related to discrimination or some other employment law matter. As a business owner, it is crucial to handle these disputes properly and do what you can to prevent them from arising in the first place. Sometimes, these types of challenges will surface regardless of the precautionary measures that you take. The outcome of a dispute with a staff member may impact your business in multiple ways and it is essential to approach the issue appropriately.

What are some examples of sexual harassment?

In the workplace, there are a number of reasons why disagreements arise and various violations that occur. Sometimes, these allegations are based on fabrications, while others mark a serious problem that is rampant within a particular company. Either way, these issues can lead to litigation and high-profile incidents, with the end result being very damaging for a business regardless of its size. Sexual harassment is particularly concerning and has received much attention in recent months, which is why business owners should understand which behaviors are prohibited and take steps to stamp out these violations.

Wage violations from an employer's perspective

As an employer, you may run into all sorts of workplace-related challenges. For example, you might have to figure out how to handle allegations of sexual harassment or discrimination, as we have discussed on this blog. In some cases, these allegations may not even be true or certain details may have been greatly exaggerated. However, the consequences can be damaging nonetheless. Moreover, there are other employment-related violations that may wreak havoc on your company, such as allegations of wage violations. It is essential to understand the different types of wage violations that occur, take steps to prevent such incidents in the workplace, and address accusations properly in the event they arise.

Dealing with an employment contract dispute

Employers may run into a number of problems with their staff members, from the application process and the moment they are hired to daily responsibilities and the termination of a worker's position. However, when a dispute arises over an employment contract, this can be a particularly challenging time for a business owner. These disagreements can lead to a heated dispute and may involve any number of issues, from allegations that an employee was wrongfully terminated to those involving compensation and obligations. If such a dispute has arisen within your company, it is critical to handle the entire situation with care.

Preventing sex-based discrimination

Employees may take legal action or file a complaint against an employer for a number of reasons, whether they believe that they were denied benefits they were entitled to or were not compensated properly. However, allegations of discrimination can be especially challenging for victims of mistreatment in the workplace and the companies they work for. From discrimination due to race or religious beliefs, there are many reasons why an employee may be mistreated. However, sex-based discrimination takes different forms and is very concerning.

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