Nasir and Matt talk about the recent motion filed by Uber claiming its drivers are not employees. They then answer the question, “As a business owner in California, what new laws should I know about?”
January 7, 2015
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Page 9
I once worked for a company that had been rumored, maybe, at some distant time in the future, possibly, but not certainly, perhaps in connection with a potential sale or not, to be tentatively considering relocating to another very fine state, which everyone would certainly love. Then one Monday morning, we were told to stop…
December 11, 2014
Let’s be frank. No one reads the employee handbook, at least not voluntarily. As communication goes, many fall quite short. On the other hand, your small business needs one to define employee expectations and minimize the risk of legal liability for employment discrimination or the wrongful acts of employees. It’s risky because an employee handbook…
August 19, 2014
Anything that shifts risk away from a small business appeals to the business owner, and three employment practices seem to do just that: on-call employment, flexible shift changes and part-time employment. But these practices shift economic risk toward employees who are also consumers, so are these moves a good idea or not? Tomatoes and sweet…
July 31, 2014
Ramadan is an important religious holiday about which there may be more than the usual number of misconceptions. Nonetheless, Title VII of the Civil Rights Act of 1964 protects the rights of employees to reasonable accommodation of religious practice in the workplace. Employers can do a lot to support an inclusive and tolerant corporate culture,…
July 10, 2014
Rule number one in employment law is that either the employer or the employee may end the relationship at any time for good reason, bad reason or no reason at all. In the cold light of day, it’s a reminder that our common law heritage has its brutish side. It’s particularly harsh on employees, and…
February 5, 2014
Highly unlikely. They’re probably leaving on their own. As you have realized, though, this can be a big problem. Replacing an employee who earns $8 an hour may cost as much as $3,500 when incidental costs are calculated. It may cost much more for a start-up that depends on the unique intellectual and technical talents…
December 26, 2013
It’s one of the most common areas in which business owners make a mistake when they hire a new worker. Must I classify this worker as an employee? Or could I classify their services as a position of an independent contractor? Each has significant consequential differences. If an employee, besides wages and tax withholdings, you…
November 8, 2013
The constitutionality of drug testing in the employment context is determined on a case-by-case basis[FN1] and may differ depending on whether the testing is of current employees or of job applicants.[FN2] An employer may require preemployment drug tests and take illegal drug use into consideration in making employment decisions.[FN3] Illustration: Drug and alcohol testing of job…
August 18, 2013
There is a misconception in California that you can only fire or discriminate if its for work performance; but generally “appearance” discrimination is generally permissible. There is no blanket legal protection in California for those overweight as there are for gender or race. In fact, there was only one state that we could find that had this…
February 27, 2013
McDonald’s is pushing its franchise owners to open their stores on Christmas, and the fast-food chain won’t be paying workers holiday overtime at company-owned stores. Traditionally, many employers that require employees to work on major holidays extend some bonuses or an increased pay rate for the day; does that mean McDonald’s and other stores have any requirement to…
December 19, 2012
Give me your social media username and password! The use of social media in the workplace can present several problematic situations around issues of free speech, discrimination of current and potential employees, harassment, and even termination. The California legislature, in its attempt to curtail these problems have passed a bill effective January 1, 2013 that…
December 3, 2012
