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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 [...]

May 8th, 2018|Blog|Comments Off on California Employers That Screen Out Convicted Felons from Employment Are Now Exposed to Claims of Employment Discrimination

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 [...]

May 7th, 2018|Blog|Comments Off on California Supreme Court’s Message to California Employers: Your Workers Are Employees, Not Independent Contractors (Dynamex Decision 4/30/18)

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 [...]

April 13th, 2018|Blog|Comments Off on Managing a Leave of Absence In California

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, [...]

September 27th, 2017|Blog|Comments Off on An Employer’s Failure To Pay All Wages Owed May Result In A Wrongful Termination Claim

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 [...]

July 18th, 2017|Blog|Comments Off on CA EMPLOYERS INVITE CLASS ACTION LITIGATION WITH NON-COMPLIANT MEAL AND REST PERIODS

A California Employer’s “Mixed Motives” Defense to Discrimination: Significantly Cutting Your Losses

 On February 7, 2013, the playing field tilted ever so slightly in the employer’s favor, in the California Supreme Court case of Harris v. City of Santa Monica. 2013 Cal. LEXIS 941 (February 7, 2013). A City bus driver, Wynona Harris, alleged she was fired by the City of Santa Monica because of her pregnancy, [...]

April 25th, 2013|Blog|Comments Off on A California Employer’s “Mixed Motives” Defense to Discrimination: Significantly Cutting Your Losses

Obamacare: CA Employer Survival Guide

Having attended various seminars on the still unfolding, Patient Protection Affordable Care Act, aka, Obamacare, one thing becomes obvious: It is still a work in progress. The federal departments who seem to be leading the charge are, predictably, the US Department of Labor, the US Dept. of Health and Human Services and the IRS. At [...]

April 1st, 2013|Blog|Comments Off on Obamacare: CA Employer Survival Guide

UNPLEASANT, LABOR DAY SURPRISES FOR EMPLOYERS

Since organized labor couldn’t eliminate union elections altogether via the Employee Free Choice Act, the Obama administration now offers big labor the next best thing: 1). “Quickie elections” from the Labor Board and 2). Onerous reporting requirements to be mandated for employers and their labor consultants by the U.S. Department of Labor. EVISCERATING THE EMPLOYER’S [...]

July 20th, 2011|Blog|0 Comments

EMPLOYER ALERT – LABOR BOARD RE-WRITES THE RULES TO GIVE UNIONS “QUICKIE ELECTIONS”

For any employer who values its union-free work environment, this is a bonafide alert, not a false alarm. Now that EFCA (Employee Free Choice Act) is DOA (dead on arrival) in Congress, the Obama Labor Board has decided to just bypass Congress entirely. The NLRB will soon implement its new rules and regulations to shorten [...]

July 11th, 2011|Blog|0 Comments

California Labor Law Alert: CA. Supreme Court – Overtime Pay is Required for Work Performed in California by Out of State Employees, Regardless of Residence (Oracle v. Sulllivan III)

If your Corporation has out-of-state employees working in California, and your Corporation has not complied with California’s daily/weekly overtime pay requirements for non-exempt employees (California Labor Code §§ 510, 1194), this article will likely cause you a great deal of indigestion: Responding to certified questions from the US Ninth Circuit Court of Appeals, the California [...]

July 3rd, 2011|Blog|0 Comments