Category Archives: Employment Law

The Prevailing Wage Double Whammy

Projects that call for the payment of “prevailing wages” can be a challenge for prime contractors, especially when they discover that one or more of their subcontractors have failed to pay their employees “prevailing wages.” That challenge becomes even greater when the government entity charged with investigating and enforcing wage claims utilizes an unnecessarily heavy […]

Documentation: An Employer’s Best Friend … Or Worst Enemy? This case is an example of the latter.

How many times has an employer facing an employment claim been told that problems with its documentation policies, performance reports, warnings, etc. may increase its risk of liability? How many employers have “gotten religion” after settling what they believed to be a frivolous case and embraced documentation as the silver bullet to protect against similar […]

Court of Appeal Upholds Administrative Exhaustion Requirement Under the California Whistleblower Statute, Labor Code §1102.5. (MacDonald v. State of California (3d Dist., 8/26/2013) 2013 WL 4522792)

In a published (i.e. citable) decision, the Third District Court of Appeal has held that an aggrieved employee must exhaust administrative remedies available under Labor Code § 98.7 before filing a whistleblower retaliation lawsuit brought under Labor Code § 1102.5. The employee’s failure to do so resulted in dismissal of his lawsuit. More … –James […]

New California Employment Laws For 2013

There are a number of new laws affecting the employer-employee relationship which will go into effect on January 1, 2013. Social Media. The change which has garnered significant media attention is AB 1844 which adds section 980 to the Labor Code, prohibiting employers from requiring or requesting either an employee or an applicant to: disclose […]

California Court of Appeal Approves Time Clock Rounding In Principle (See’s Candy Shops, Inc. v. Superior Court)

For the first time, a California Court of Appeal has reviewed, and approved in principle, an employer’s policy that rounds employee punch in/out times to the nearest one-tenth of an hour. It reversed summary adjudication entered against the employer (See’s Candy) and sent the case back for trial. It held that the policy as written […]

Minimizing HR Risk In A Social Media World

Social media – Facebook, Twitter, LinkedIn, and many more – are increasingly dominating the internet and entering the workplace. Social media add both complexity to existing HR issues and create new risks to be managed. These new challenges can extend far beyond the workplace and management’s direct control. Even in the workplace, employees have independent […]