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In 2003, the California Legislature amended the California Fair Employment and Housing Act to state that employers are potentially liable when third party nonemployees—such as customers or clients—sexually harass their employees. Prior to the amendment, the language of the FEHA seemed to impose liability on an employer only when the harassment was committed by the […]
We think that drug use in our company might be growing, and management wants to institute a broad, random testing policy with a zero-tolerance standard. I believe that random testing might be a privacy violation in California. Is it advisable to have a random testing policy, and if not, what do you recommend for curbing […]
Recently, a California employer was hauled into court by an employee because the employer refused to reimburse its workers for their actual automobile business expenses. Instead, the employer paid an increased commission that it contended was fully sufficient to cover an employee’s business use of his or her personal vehicle. An appeals court took the […]
In a series of cases in recent years, the California Supreme Court has discussed the circumstances under which an employee of an independent contractor can sue the hirer of that contractor for work-related injuries, rather that just collect workers’ compensation benefits. Now the high court has further clarified when you can be sued for damages […]
In recent months, the California appeals courts have grappled with whether the extra one-hour’s wages an employer must pay an employee for a missed meal or rest period amounts to a penalty or wages. A penalty carries a one-year time limit for an employee to file a claim; wages carry a three-year time limit. Now, […]
Last week, the California Supreme Court listened to arguments regarding the limits of sexual harassment protections when it comes to free speech in the workplace.
Under the California Labor Code, an employer that fails to provide employees with a required meal or rest period must pay the employee an extra hour’s pay. But a controversy is brewing over whether this remedy is a penalty or just wages. Why does it matter? To recover a penalty, an employee must file a […]
The California Supreme Court has issued two new decisions of importance to employers.
Over the past several years, many employers have been blindsided by big class action lawsuits from employees who say they were misclassified as exempt from overtime and are owed millions in back pay. Farmers Insurance Exchange, Big Lots, and Electronics Boutique are just a few of the businesses hit by the suits. For a brief […]
A new California Supreme Court ruling sends a warning that if you lure away someone else’s employees by illegal or unfair methods—even at-will employees who are free to leave their jobs anyway—you could get hauled into court.