The issue of “joint employment” arises in a few different contexts and can impact many of you. It drew a lot of attention during the Biden administration, especially in the franchise/franchisor world. Every time there is an administration change, the National Labor Relations Administration (NLRA) changes its stance on the relationship between franchisors and franchisees,…
Category: Best HR Practices
Discharging Difficult Employees
I know; the title of the topic seems obvious. Of course, we are usually not terminating exceptional employees. But there are underperforming employees, and then, there are the ones who have been making our lives miserable. The ones who challenge our every directive. The ones who produce an AI generated diatribe in response to every…
Managing Remote Employees
Five years have passed since the pandemic began, when the world shut down and many of us pivoted to working from home. We relied on technology in a whole new way. Zoom meetings became a daily occurrence. Employees left the state to relocate but continued to work. We all bought multiple pairs…
Reducing Your Risks While Reducing Your Workforce
Doing reductions in force (RIFs) are always a risk. It may be common knowledge about the need for one, given the economy, loss of a big client or contract, or a global pandemic. Nevertheless, when employees lose their jobs, they will want to know why THEY are being chosen over someone else. Using seniority is…
Please Don’t Change the Employee Handbook
Many, if not most of you, participate in our employee handbook program. In some form or fashion, I have spearheaded this program for over 30 years, at all three of my law firms. As most of you know, the genesis of the current employee handbook program is an electronic template. Our department takes great care…
Managing Employee Departures
I revisit this topic from time to time, and I have written entire articles and given two hour talks on the subject. But it feels like it may be time for a refresher course. I spend a lot of time reviewing wage and hour laws because they are very technical in California and are the…
Double-Down on Onboarding and Get Those Arbitration Agreements Signed
By now, you should all be aware of the new PAGA Reform, as I have been harping on it since the law passed back in June. The PAGA Reform will be most useful to compliant employers, who can reduce their potential PAGA penalties by 85% if they implement the compliance measures listed in the statute….