Entrepreneurship often requires innovative thinking and experimentation, and success often turns upon finding creative solutions. However, employee compensation is not the proper place for experimentation and creativity. Good-hearted efforts to ...
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Employment Litigation
Leaving Work to Avoid Stress Found Not to Be a Reasonable Accommodation
Originally published for HR California
In a pro-employer decision that provides guidance in responding to employees’ request for accommodations, a California court aptly noted that such requests need not excuse an employee from performing the ...
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ALERT: NLRB Shakes Up Severance Agreements
In a move that impacts employer strategies when implementing both mass layoffs and individual terminations, the National Labor Relations Board ("Board") recently held that an employer violates the National Labor Relations Act ("NLRA") when it extends ...
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New Year – New PAGA Strategies
More than 5,000 California employers are sued each year for civil penalties under the Labor Code Private Attorneys General Act (“PAGA”). This year promises to be no exception. Already, the state has received notice of hundreds of intended ...
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Must Employers Pay When Employees Claim They’re Too Busy for Rest Breaks?
Originally published for HR California
Virtually all California employers and their employees are aware of workers’ rights to take paid rest breaks during a typical shift — that all nonexempt employees whose total daily work time is at least ...
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Beware of Zombie Claims
Updated October 14, 2022
COVID-19's Long-term Effects on Litigation and Document Retention
COVID-19 and public health orders resulted in temporary closures of businesses and courts throughout the State of California. Many businesses suffer from the ...
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Fundamentals of Workplace Arbitration FAQ
Many employers are considering adopting or revising workplace arbitration agreements in light of the recent U.S. Supreme Court decision holding that such agreements may limit PAGA claims. Here are answers to some of the most frequently asked ...
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“Have a Seat” California Employees!
New Ruling Heightens Employers’ Duty to “Provide” Suitable Seating
California regulations have long declared that California employees “shall be provided with suitable seats when the nature of the work reasonably permits the use of a seat.” But, ...
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