Employment Law Blogs
Keeping you up to date.
Let Hackler Flynn Law keep you up to date on new California employment laws and regulations. We post frequently to keep our clients up to date so be sure to check back often.
The COVID-19 pandemic has brought many things to a halt, but new employment laws that were already set to take effect this year are still on track to becoming a reality for employers - whether they are ready or not. One such law is SB 83, signed last year by Governor Gavin Newsom on June 27, 2019, and effective since July 1, 2020. With everything going on, it is understandable that SB 83 would fall off an employer’s radar. So to help you understand what this exactly means for you and your business, here is a quick guide on the [...]
With COVID-19 cases spiking throughout the country, employers must remain vigilant to their workers’ health. If an employee shows symptoms or tests positive for COVID-19, an employer should do the following: Send Employee Home Employees who exhibit COVID-19 symptoms or who test positive at work should be separated from others and sent home. Be as considerate and sympathetic as possible when sending your employee home. Advise the employee to contact their doctor and follow CDC guidelines. Provide your employee with HR contact information to discuss applicable leave options (i.e. FFCRA). Employees who develop COVID-19 symptoms or test positive while outside of work should [...]
The Family and Medical Leave Act (FMLA) is an important federal leave law. If your business does not fall under the FMLA, your pregnant employees may still have rights under other federal, state, and local laws. Some of these laws include, but are not limited to: The Americans with Disabilities Act (ADA) The ADA applies to businesses with 15 or more employees. Although pregnancy itself is not a disability, pregnant employees may have impairments related to their pregnancies that qualify as disabilities under the ADA. The employer and the employee must then participate in an “interactive process” where they discuss and [...]
A potential employer in California can generally ask a former employer any question about a prospective employee. However, you may be hard-pressed to find a former employer who will answer any questions beyond confirming job title, dates of employed, documented departure reason, and whether they would rehire. The reason is simple. Fear of litigation. Former Employer Liability California employers have what is called “qualified privilege” when providing reference information to potential employers. This privilege provides employers with liability protection. However, qualified privilege has limits. The information provided cannot be false or made with malice. Qualified privilege does not protect information [...]
Employer considerations when providing equipment and resources What an employer provides their remote worker will be very job-specific. However, here in California, Section 2802 of the California Labor Code requires employers to reimburse their employees for the reasonable and "necessary" expenses they incur in direct consequence of discharging their job duties. So, as an employer, it is important to look at what laws may apply to providing equipment to your remote workers. Additionally, an employer needs to consider the Occupational Safety and Health Administration (OSHA) guidelines. OSHA currently does not enforce federal regulations for employers to follow when their [...]
The US Supreme Court reached a landmark LGBTQ decision on June 15, 2020. The Court held that “An employer who fires an individual merely for being gay or transgender violates Title VII" of the federal Civil Rights Act of 1964. The case is Bostock v. Clayton County, Georgia, 590 U.S. ___ (2020). The Supreme Court looked at the language of Title VII, which states in part that an employer cannot discriminate “because of [an employee’s] race, color, religion, sex, or national origin.” The court determined that “Because discrimination on the basis of homosexuality or transgender status requires an employer to intentionally [...]