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…
Controlling Workers’ Compensation Claims and Costs
An informed discussion about controlling the costs of worker’s compensation insurance begs a bit of background about the workers’ compensation framework. How Does Workers’ Compensation Insurance Work? The workers’ compensation system is a compromise. It is not like most types of “legal” claims, which generally require fault on the part of the defendant, here, the…
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…
Managing Real and Claimed Mental Health and Developmental Disabilities in the Workplace
I have written in the past about the surge in mental health issues, such as depression, anxiety, and even suicide. We have also seen a growth in the diagnosis rate of those with OCD (obsessive compulsive disorder) and bipolar disorder. The diagnosis rate for developmental disabilities such as ADHD has also been rising. The autism…
The Latest Developments with PAGA, California’s Gift That Keeps on Giving
With the advent of the much-hailed Private Attorney’s General Act (PAGA) Reform that came last June, attorneys for the plaintiff’s bar just keep finding ways to push their agenda. And one of those maneuvers includes their continued attack on our dearly beloved arbitration agreements. As you all should recall, we have had a bit of…
Managing “De Minimus” Time in California
The concept of “de minimus” time has been around for decades under the Fair Labor Standards Act (FLSA), which is the federal body of law that governs wage and hour issues. In 1947, the U.S. Supreme Court established the de minimis rule when it held that the FLSA generally is not concerned with “trifles,” when the matter…
Navigating the Threat of ICE Raids, Part Two
The LA Times and several other new sources have reported “leaked information” from “officials” indicating that Los Angeles would be the target of “large scale” ICE raids by the end of February. It is unclear whether these increased enforcement efforts will target employers, or if they will instead focus on schools, hospitals, and churches, which…
ICE Raids: How to Prepare Now
The most important thing to know as an employer, you have rights, as do your employees. You also have responsibilities. As California employers, we must comply with both California as well as federal law. But what does that all mean? First, we need to get educated. And then, we need to make and implement a…
New State Minimum Wage, New Local Minimum Wages, and New Salary Tests
It wouldn’t be the start of a new year unless California’s minimum wage was increasing. As with many local jurisdictions, including Los Angeles, the minimum wage is now tied to the CPI and for the most part, increases annually. The state and many local minimum wages (mostly in Northern California) increase on January 1, while…
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…