Employment Law Articles

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Workplace investigations in California

In California, a person who is not an employee of a company that conducts a workplace investigation must be an attorney or licensed private investigator.

How does HR handle harassment?

The company, through HR, should say "Thank you" to the complainant and approach the complaint with a supporting, respectful, and welcoming attitude instead of aversion, resistance, or alarming.

CFRA vs FMLA – What are the differences?

The CFRA and the FMLA are state law and federal laws that allow workers to take unpaid, job-protected leave. CFRA is California law and FMLA is a federal program.

A guide for employers to respond and investigate sexual harassment complaint.

Every sexual harassment complaint must be taken seriously and immediate response from the employer by thanking the complainant and asking her to share more details, then interviewing all parties and witnesses and taking immediate action.

How to handle an employee sexual harassment complaint.

When an employee makes a sexual harassment complaint, you should carefully collect evidence by interviewing witnesses and analyze the facts of the company's workplace anti-harassment policies. Most importantly, treat the complaining employee with compassion and respect.

Sample Contract Termination Letter

This termination of contract letter is a sample to be used in a business relationship to give notification of canceling a contract.

Meal Period PAGA Penalties: PAGA Penalties for Missed Meal Breaks

For every missed meal break, the employer must pay the employee one-hour premium pay. Also, when the premium pay was not paid, the employer must pay waiting time penalties equal to a day's wages for each day the final pay is not provided to the employee, up to a maximum of 30 days.

PAGA Lawsuit vs Class Action

PAGA enables wronged employees to act as “private attorney generals” acting on behalf of the California Labor Commissioner file lawsuits against their employers for Labor Code violations.

Constructive Discharge California

Constructive discharge occurs when an employer’s conduct effectively forces an employee to resign.

Wrongful Discharge in Violation of Public Policy

Wrongful termination from employment is tortious when the termination occurs in violation of a fundamental public policy.

Is it a legal requirement to have an employee handbook?

Employers are not legally required to provide workers with an employee handbook. However, federal and state laws require companies to provide employees with information about workplace rights, sick leave policies, paid time off (PTO), etc.

How do you create a company handbook?

An employee handbook is a document a company shares with employees to communicate expectations of work and policy and explain benefits. The employee handbook should include a statement that summarizes each policy and procedure.

California Termination Checklist

Under California law, employer must provide to employee: Notice to Employee As To Change In Relationship, Final Paycheck, Notification of Coverage Options, Notice of COBRA Continuation Rights, COBRA Election Notice, HIPP Notice, and Notice of Retirement Benefits.

California Law on Hiring Minors

California's child labor law protects almost all minors under 18. Minors who are 16 and 17 years old may work 4 hours per day on any school day and 8 hours per day on nonschool days.

How do you respond to a PAGA Notice?

PAGA requires that new claim notices, responses, and specific court documents be filed with the Labor and Workforce Development Agency (LWDA). To minimize the settlement amount you pay, there are six things you must do after receiving a PAGA notice letter.

How do you respond to a PAGA lawsuit?

Upon receiving a PAGA notice, an employer should immediately contact an employment attorney with experience defending PAGA lawsuits. Responses to PAGA claims must be filed online, with a copy sent by certified mail to the aggrieved employee or their attorney.

California Attorney EEOC Defense Lawyer

Motivational Quotes for Work

What is an employee handbook?

An employee handbook provides information and detailed guidance on the company’s workplace code of conduct, policies, procedures, values, expectations, working conditions, and behavioral expectations.

Fair Labor Standards Act (FLSA) Exempt vs. Non-Exempt [2023]

The Fair Labor Standards Act (FLSA) is the law on determining the exempt or nonexempt status of jobs and overtime requirements. Exempt employees are not entitled to overtime pay. Nonexempt employees are entitled to overtime pay. This article will educate you on how to determine or classify except and non-exempt employees.

Employee Handbook – What to include and how to write one

An employee handbook should include the company’s mission statement, the purpose of the employee handbook, at-will employment, contractual disclaimer, policies, and procedures.

Should all employers have an employee handbook?

Without a handbook in place, a business potentially faces heightened liability risks. An employee handbook can be a valuable communication resource for both the employer and the employee.

Use it or lose it vacation policy California

California does not permit use it or lose it vacation policy. The employer must pay the employee at his or her final pay for all earned and accrued and unused vacation days.

What is Premium Pay?

Premium pay is an employee's hourly rate (straight time rate) and nondiscretionary wages such as hiring bonuses, performance bonuses, working holidays, overtime pay, missed rest breaks, or missed lunch breaks.

What are some examples of hostile environments?

Examples of hostile work environments include victimization, discrimination, sexual harassment, harassment, violence, inappropriate behavior, or offensive behavior qualifying as unwelcome conduct.

Breach of Employment Contract

An employment contract breach can occur because the employer or employee breached a written contract, implied contract, or verbal contract. The employment contract sets out legally enforceable terms and conditions that govern the working relationship between the employer and employee.