Tag: California Supreme Court

Contracts: How Did We End Up Creating an Oral Contract?

I thought we had an “at-will” relationship with our employees, but recently, we got sued and the court found that the employee had an “implied contract” with us. Now we want to be sure that we’re not creating contracts we don’t want and that we do have contracts we need. How should we move forward? […]

Drugs & Alcohol: Do I Have to Interview an Applicant Who Takes Medical Marijuana?

One of our current employees has referred a friend for employment under our employee referral program, which rewards employees who refer applicants if we end up hiring them. The employee mentioned that the friend uses marijuana for medical purposes. I don’t really want to consider this person because we are a drug-free workplace, but I’m […]

Privacy: California Supreme Court to Review Workplace Privacy Ruling

In the December 2006 issue of the California Employer Advisor, we reported on a new ruling in which a California appeals court ruled that placing a video surveillance camera in an employees’ office, without notice, could amount to an invasion of privacy. This was true even though no actual viewing or recording of the employees […]

Employee Expenses: DLSE Proposes Expense Reimbursement Rules

Under Labor Code section 2802, employers must indemnify employees for “all necessary expenditures or losses” an employee incurs in direct connection with performing his or her job duties. But employers, employees, and courts have grappled with issues such as what must be reimbursed and at what rates, and whether paying an increased salary or commission […]

Harassment: What Does the Recent “Spanking” Lawsuit Teach Us About Where Fun Ends and Harassment Begins?

The recent “spanking” lawsuit—where the “all-in-good-fun” spanking ended up with an expensive lawsuit—has got us thinking. We like our employees to enjoy themselves at work. How do we draw the line between fun, jokes, and good-natured teasing, and sexual—or other—harassment? — Gretchen, HR Manager in Morro Bay