Employment Agreements « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

Posts Tagged ‘Employment Agreements’

INDEPENDENT CONTRACTORS, CALIFORNIA’S ENDANGERED SPECIES

Labor Commissioner Broadens Application of Dynamex Decision In Dynamex Operations West, Inc. v. Superior Court (2018), the California Supreme Court adopted a strict “ABC test” redefining “independent contractor”: The worker is free from the hirer’s control and direction in connection with the performance of the work, both under the contract in fact; The worker performs […]

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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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UNIONIZING HOME HEALTH CARE

California May Require More Home Aide Disclosures Starting July 1, 2019 The Home Care Organization Consumer Protection Act (HCOCPA), effective  January 1, 2016,  requires licensing of home care organizations (HCOs) and registration of their home care aides (HCAs). The Home Care Services Bureau (HCSB) of California’s Department of Social Services (CDSS) regulates this industry. See […]

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CAUTIONARY TALES EPISODE 27

Walmart Hit with Six Million Dollar Verdict for “Discouraging” Off-Site Meal Breaks California employers must provide non-overtime-exempt employees unpaid meal break(s) based on the number of hours worked in a given day. See, Required Meal Periods and Rest Breaks Revisited (April, 2018). The California Supreme Court’s 2012 Brinker Restaurant Corp. decision clarified that “employer-provided” breaks […]

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THE TRUTH: GET IT IN WRITING

Model Employee Handbook and Hire-to-Fire Forms Updated for 2019 As first-line defense against workplace disruption and legal claims, there is no substitute for well-written, up-to-date policies and procedures. A current, thorough employee policy manual (handbook) and complementary written internal guidelines covering all major aspects of personnel relations permit managers and rank-and-file workers alike to know […]

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ALL IN THE FAMILY

New Workplace Notice Available For Family Related Leaves   Starting April 1, 2019, covered California employers must post the new Family Care and Medical Leave and Pregnancy Disability Leave notice (DFEH-100-21/March 2019). Previously, the notice was only for employers with 50 or more on payroll. It summarized employee rights and responsibilities when requesting Family Care […]

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FOR WHOM THE BELL TOLLS…

KNOCK, KNOCK When It’s Your Turn For a Government Payroll Audit For California, the Employment Development Department (EDD) is responsible for the administration of unemployment and disability insurance, workforce training services and payroll audits. The agency has the power to impose significant, potentially fatal penalties for non-compliance. An EDD visit to look over pay practices […]

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STOPPING THE JERKS AND LURKS

MANDATORY SEXUAL HARASSMENT PREVENTION TRAINING The Rules Have Changed, Are You Ready? With the #metoo movement and the marked rise in media-reported workplace sexual misconduct claims, employers should regularly confirm they are taking all reasonable steps necessary to prevent discrimination and harassment. California continues to be a national leader in legislating just what constitutes “reasonable.” […]

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HAIRSTYLE DISCRIMINATION

California Aims to Protect Workers Against Race-Based Natural Hairstyle Bias Federal, state and local laws have long banned workplace racial discrimination. A recent trend seeks to expand such protections to various race-based traits, particularly certain hairstyles. Under California’s now-pending Senate Bill (SB 188), workplace dress or grooming policies prohibiting natural hairstyles, including Afros, braids and […]

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PHONING IT IN

California Employers Must Pay Wages for Required Call-In to Confirm Day’s Work Schedule Employers who require workers to call in to ascertain whether they are needed for a scheduled work shift will now need to rethink this practice. California Industrial Welfare Commission (IWC) publishes “wage orders” containing regulations on wages, breaks, record-keeping and other working […]

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