At Will employment « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

Posts Tagged ‘At Will employment’

CAUTIONARY TALE EPISODE 33

CHOKE THE “JOKES” EEOC Settles Tex-Mex Restaurant Servers’ Sexual Harassment Case for $40,000 The U.S. Equal Employment Opportunity Commission (EEOC) enforces federal laws prohibiting employment discrimination and harassment based on sex, including sexual orientation. On August 9, 2019, the EEOC announced the $40,000 resolution of its harassment lawsuit against Virginia-based El Tio Tex- Mex Grill […]

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ARE SHOES REIMBURSABLE BUSINESS EXPENSES?

Woman showing ankle, 1908 A California appellate court recently addressed whether BJ’s Restaurants (BJ’s) improperly failed to reimburse its employees for the purchase of slip-resistant shoes. Server Krista Townley sued on behalf of herself and other similarly-affected hourly co-workers alleging BJ’s Restaurants (BJ’s) required them to wear black, slip-resistant, close-toed shoes for safety reasons without […]

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AVOID DISCRIMINATORY JOB RECRUITMENT AND ADVERTISING

Workers, 1901 Advertising and recruiting of desired applicants are the first steps in the hiring process. Such outreach must not discriminate against members of any “protected class,” characteristics shielded by federal and state employment discrimination laws. In California, these include race, religious creed, color, national origin, ancestry, physical or mental disability, medical condition, genetic information, […]

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CAUTIONARY TALES EPISODE 31

RESIDENTIAL CARE FACILITY NOT FEELING THE LOVE 708,521 Reasons to Pay Workers Legally Not having worker’s compensation insurance for five years was bad enough, but when the Labor Commissioner’s Office started investigating a workers’ compensation complaint against 53-bed Amore Retirement Living, it also discovered failure to pay minimum wage, overtime, and other wage and hour […]

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HAIRSTYLE DISCRIMINATION BANNED

New California Law Takes Effect January 1, 2020 California law has long-prohibited workplace racial discrimination against employees and applicants. The state is now the first to link natural hairstyles to race, thus protecting their wearers from disparate treatment. The Legislature based passage of revised Government Code 12926 on a finding that workplace dress and grooming […]

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CAUTIONARY TALES EPISODE 30

State Settles Sexual Harassment Case with Cypress Police Department The California Fair Employment and Housing Act (FEHA)  defines sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of sexual nature. This includes same-sex harassment, offering employment benefits in exchange for sexual favors, or retaliating after receiving a negative response to sexual advances. On June […]

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BE KIND TO MOMMIES

  Pregnancy Discrimination Is a Really Bad Idea Pregnancy remains one of the most clearly protected classifications for employees, safeguarded not only under general disability laws, but also under laws enacted specifically to protect expectant women. See, for example, Pregnancy Accommodation in California (Nov 2018); Employers with 20 or More on Payroll Must Provide Expanded […]

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DEALING WITH THE WORKPLACE “DEBBIE DOWNER”

Properly Confronting the Chronically Negative Employee According to Wiktionary.org, a “Debbie Downer” is a “naysayer; one whose negative remarks depress or dissuade others.”  Most seasoned managers will be all too familiar with how one negative individual can bring down the entire workforce’s morale. Employers are often reluctant to terminate someone just for a negative attitude, […]

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MID-YEAR MINIMUM WAGE RATE INCREASES

Effective July 1, 2019 California minimum wage currently is $12.00 per hour for employers with 26 or more employees and $11.00 for employers that employ 25 or fewer. Annual increases will continue each January 1 until they reach $15.00 per hour in 2022 for larger employers and in 2023 for employers with 25 or fewer employees. […]

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MAKING DYNAMEX RETROACTIVE

Federal Appeals Court Rules New Independent Contractor ABC Test Applies Before It Existed Industries and employers throughout California have been grappling since April 2018 with the effect of Dynamex Operations West, Inc. v. Superior Court on their independent contractor relationships. Rejecting a multi-factor standard that had been in place since 1989, the California Supreme Court […]

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