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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 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 [...]

CE Smith Law Firm Obtains Dismissal, With Prejudice, of Employee Class Action, Wage & Hour Lawsuit – Upheld on Appeal

By obtaining a dismissal upheld on appeal, California employer defense attorney, Clifton E. Smith, of CE Smith Law Firm, successfully defended employer, KWK Trucking, Inc., (“KWK”) against employee wage and hour, class action litigation in the case of Henry Castillo, et al, v. DHL Express (USA), Appellate Court Case No. B258432 (LA Sup. Court Case BC409169, certified for partial publication). The Appellate Court for the [...]