Archive for the ‘Discrimination, Harassment & Retaliation’ Category
JOB INTERVIEW ERRORS TO AVOID
CareerBuilder Publishes Annual Survey and List of Most Bizarre Hiring Interviews According to a nationwide CareerBuilder Survey released February 22, 2018, “around half of employers (49 percent) know within the first five minutes of an interview if a candidate is a good or bad fit for a position, and only 8 percent make up their […]
SAFE HARBOR OR SHIPWRECK? PART 2
Department of Labor Has Launched Program For Voluntary Correction of Payroll Errors Last week’s blog, Safe Harbor or Shipwreck?, detailed the U.S. Department of Labor’s (DOL) imminent PAID program (Payroll Audit Independent Determination). The program permits employers to audit their own records for wage compliance violations and to correct those violations in cooperation with the […]
THE NEED FOR WRITTEN EMPLOYMENT AGREEMENTS
Well-Drafted Contracts Eliminate Uncertainty and Ambiguity Most workers are employed “at-will,” meaning either the employer or employee may end the work relationship at any time for any lawful reason without cause or advance notice. California law generally presumes an employee is employed at-will unless the employee can prove otherwise, such as a manager’s contrary verbal […]
RELIGIOUS OBJECTION TO MANDATORY FINGERPRINTING
Employer Must Properly Address Faith-Based Protest Employers must correctly field and handle an employee’s religiously-based objection to a workplace requirement, even when the employer’s requirement is mandated by law. For example, in Kaite v. Altoona Student Transportation, Inc., plaintiff worked as a Pennsylvania school bus driver for employer Altoona Student Transportation (AST). AST began implementing […]
CALIFORNIA VERSUS THE FEDS
California Law Restricts Employer Cooperation with Immigration Agents California’s Immigrant Worker Protection Act, AB 450 (the Act), went into effect on January 1, 2018. It creates numerous restrictions to prevent an employer’s voluntary cooperation with worksite immigration inspections. Pursuant to the Act, Government Codes 7285.1 and 7285.2 prohibit employers from voluntarily allowing access to non-public […]
INDEPENDENT CONTRACTOR OR EMPLOYEE?
It’s Not Really A Matter of Choice State and federal laws provide detailed standards a business must closely examine for who it can rightfully classify as an independent contractor and who needs to be an employee. Yet, it is not uncommon for enterprises and those they hire to just skip all that and – with […]
BOWLES LAW IN THE NEWS
Partner Cindy Bamforth Featured on KPCC’s “The Frame” Cindy was recently honored by host John Horn to speak on KPCC NPR’s “The Frame” on identifying and preventing sexual harassment in the workplace. This invitation came on the heels of her participation in the Women in Film’s panel discussing sexual harassment in Hollywood. Produced by Southern […]
CUPID’S ARROWS ARE FLYING
How to Regulate Workplace Romances With sexual harassment allegations surfacing daily in the media, it’s not surprising that coworkers may be more hesitant to date each other. In the 2018 CareerBuilder’s Annual Valentine’s Day survey, only 36% percent of workers reported having dated a coworker, a 10-year low. Regardless, office romances remain a fact of […]
EMPLOYERS MUST LET GO
Employees are Free to Leave Work Premises During Paid Rest Breaks According to California’s Division of Labor Standards Enforcement, employees are entitled to a “net” ten-minute paid rest break for every four hours worked, or major fraction thereof (i.e., anything more than two hours of work). “Net” here means the rest period begins as soon […]
WHAT’S NEW FOR 2018 CALIFORNIA READY TO ENFORCE GREATLY EXPANDED WORKPLACE LAWS
Immediate Actions for Safeguarding Your Business The 2018 changes in California employment law are numerous. Compliance with these from January 1 on will of course reduce the prospect of related claims or lawsuits. Two new provisions particularly require immediate review of employment applications and hiring practices for “Day One” compliance. See: California Adopts Ban the […]