Who Controls Your Company’s Social Media? (And What to Do When They Leave)

Who Controls Your Company’s Social Media? (And What to Do When They Leave) Imagine this: Your marketing officer (or PR rep, or social media guru), handling your company’s presence and posts on social media becomes upset.  He or she quits on the spot.  This former employee has access to your Instagram, Facebook, and Twitter accounts. The next day, you find out that they’ve still been busy … using your own social media accounts to insult your company and your brand, and to air their personal grievance.  What do you do? What are your rights? And – perhaps most importantly –

By |November 26th, 2018|Categories: Employment Law|

Alternative Workweeks and What Not to Do: Maldonado v. Epsilon Plastics

Reprint from Orange County Lawyer Magazine - written by Cynthia Flynn.  October 2018. Any employer with hourly, non-exempt employees in California, probably knows to pay overtime if they work more than 8 hours a day or 40 hours a week.  They are also doubtlessly aware that the Labor Code requires certain information to be disclosed on employees’ pay stubs, such as the employer’s correct name and address (no P.O. Boxes), each applicable rate of pay (regular and overtime) and hours worked. Cal. Labor Code §§ 226(a), 510(a). Failing to comply with these laws can mean lawsuits, including class actions and

By |November 17th, 2018|Categories: Employment Law|Tags: , |

Uber Meets Dynamex

The Irresistible Force and the Immovable Object: What Happens If Uber Meets Dynamex? When the California Supreme Court decided Dynamex Operations West v. Superior Court, 4 Cal. 5th 903 (2018) in April 2018, dramatically limiting the definition of “independent contractors,” lawyers and journalists rushed to speculate.  What impact would this be on the ride-sharing industry and companies such as Uber and Lyft?  Currently, Uber and Lyft drivers are treated and taxed as independent contractors, not as employees.  App-based companies in general have resisted changing that aspect of their business models. Yet new legal precedent regarding the enforceability of arbitration agreements

By |November 12th, 2018|Categories: Employment Law, Lawsuits|Tags: , , |

Hiring Caregivers: When You Are an In-Home Employer

Hiring Caregivers: When You Are an In-Home Employer If you or a loved one needs in-home help, you can either seek a caregiver through an agency, or hire one directly. While hiring through an agency who serves as the caregiver’s employer may involve less paperwork, it is not always ideal, or even possible, to find suitable and affordable care through an agency. Because agencies have overhead and are often for-profit companies, their rates tend to be higher.  You may be able to hire a caregiver with a greater level of expertise for less if you hire the person directly.  Agencies

By |October 31st, 2018|Categories: Employment Law|Tags: , , |

Stay Compliant with These California Paycheck Stub Requirements

Stay Compliant with These California Paycheck Stub Requirements All employers in California must stay abreast of and comply with laws and regulations concerning paychecks and overtime. Specifically, employers must detail wage-related information on all employee paycheck stubs in California. Since mid-2015, state law says employers are required to comply with 16 different requirements related to pay stubs (in certain cases). Here’s a list of some of the requirements. First Nine Requirements Up until July 1, 2015, employers in California were required to accurately detail specific information on pay stubs. This information included: Gross wages earned A complete listing of hours

By |September 30th, 2018|Categories: Employment Law|Tags: , , , , , |

Sexual Orientation and/or Gender Identity Discrimination and Harassment – LGBT Training

The #MeToo movement shows no sign of slowing, and sexual harassment remains a hot button topic for many employers. As the movement has made plain, sexual harassment obviously implicates conduct or behavior that is sexual in nature, or could be interpreted as sexual in nature. However, this type of conduct is not the only form of sex-based harassment that may arise in the workplace.  Employers need to be aware of issues related to gender identity harassment and discrimination and the need for employee awareness lgbt training requirements. Discrimination or harassment based on sex also includes conduct or behavior that is

By |September 20th, 2018|Categories: Employment Law, Uncategorized|