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How your rights as an app-based employer may soon change

As an app-based employer in California, it’s probably no surprise that state laws impact the way your company classifies independent contractors and employees. But you might not know what will happen after this year’s election. Last year’s passage of Assembly Bill 5 (A.B.5) made way for many app-based workers to get employee rights, like workers’ compensation benefits, guaranteed minimum wage, unemployment insurance and overtime pay. [...]

California Employers That Screen Out Convicted Felons from Employment Are Now Exposed to Claims of Employment Discrimination

Effective January 1, 2018, under California’s new “Ban the Box Law,” (AB 1008 – California Government Code § 12952) California employers may no longer screen out prospective job applicants with criminal histories, including convicted felons, except under the most limited of circumstances. Practically speaking, the new law effectively prevents employers from rejecting applicants based on their criminal history. Those who do may be subject to [...]

California Supreme Court’s Message to California Employers: Your Workers Are Employees, Not Independent Contractors (Dynamex Decision 4/30/18)

The California Supreme Court issued a precedent-setting decision in the Dynamex case (Dynamex Operations West, Inc. v. Sup. Court of Los Angeles, Charles Lee, et al, Real Parties in Interest, S222732, (Sup. Ct BC332016)), expanding the scope of the employment relationship between California businesses and those individuals performing work at any business in the State of California. In 2004, Dynamex imposed a change of classification [...]

Managing a Leave of Absence In California

It’s a very challenging employment situation when employees take a leave of absence. Although state and federal laws authorize specific leave guidelines for employers, there’s limited human and financial resources to meet certain criteria. Many small business owners aren’t sure how to accommodate leave requests. At the San Diego CE Smith Law Firm, we provide San Diego and Southern California small business owners with the [...]

An Employer’s Failure To Pay All Wages Owed May Result In A Wrongful Termination Claim

I recently defended a typical wage and hour case that had a twist to it – the former employee claimed that his employer caused him to quit his job, resulting in a constructive discharge. A constructive discharge is a form of wrongful termination. In a constructive discharge, the employer doesn’t actually fire the employee. Instead, supposedly, the employer provides working conditions so intolerable that the [...]

CA EMPLOYERS INVITE CLASS ACTION LITIGATION WITH NON-COMPLIANT MEAL AND REST PERIODS

I am amazed that, even today, there are still California employers who do not require employees to clock out for meal periods or schedule their employees’ meal periods or rest periods, to ensure that the same are taken in a timely manner. In addition to this, there are still California employers that do not let their employees leave the employers premises during meal periods. If [...]