Author: Jennifer Carsen

News Note: No-Solicitation Rule Can’t Be Selectively Enforced Against Union

The National Labor Relations Board has ruled that United Parcel Service illegally enforced a broad no-solicitation rule that prohibited employees from distributing literature in nonwork areas during off-hours. UPS refused to allow a Teamsters union publication to be passed out in a warehouse area before work began, but routinely permitted drivers to hand out contest […]

Independent Contractors: Court Throws Out Contractor’s Unemployment Claim; 4 Defensive Strategies

Sometimes an unemployment claim can come from out of the blue. And if the worker who files it was improperly classified as an independent contractor, it could trigger an audit—leaving you open to having to pay back payroll taxes and penalties. We’ll look at a new ruling that involved a moonlighting worker who filed for […]

Appearance Policies: Physical Restrictions And Appearance Rules May Prompt Bias Suits; Guidelines On What You Can Require

You can impose height or weight restrictions for certain jobs as long as they’re necessary to the normal operation of your business and don’t burden one sex more heavily than the other. And it’s OK to set standards governing appearance and dress if they’re applied fairly to both men and women.

Reasonable Accommodations: Court Says Restructuring Job May Not Be Enough; 3 Steps To Take To Prevent Getting Sued

One of your employees has a bad back and needs their duties to be modified to allow them to continue to do their job. You make some changes, but the person’s performance deteriorates. As a new California Court of Appeal case makes clear, it’s important to stay proactive by closely monitoring the situation and, if […]

Independent Contractors: State Releases Rules On New Reporting Law

Legislation tightening enforcement of California’s child support laws will require all private, state and local employers who use independent contractors to file a new report with the Employment Development Department starting January 1, 2001. The EDD recently issued guidance with specific details about the report, which is designed to help track down parents who aren’t […]

Wage And Hour: IWC Wraps Up Daily Overtime Hearings

On June 30, the Industrial Welfare Commission held its final hearing to vote on a number of outstanding overtime and other wage and hour issues. The items addressed relate to new wage orders, which spell out rules for various industries and occupations. We’ll summarize the latest IWC developments that will impact many California employers.

Avoiding Defamation Suits: Employer Who Went After Ex-Employee For Trade Secret Violations Gets Hit With Slander Verdict

If you think an ex-employee is using your trade secrets to build a competing business, you might decide to haul the person into court to protect your confidential information. But you have to be very careful with what you say about the employee or this move could backfire, which is what happened recently to a […]