Employment Law Blogs2020-02-11T13:47:53-08:00

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.

Families First Coronavirus Response Act (FFCRA) – Leave Liabilities

The COVID-19 pandemic has disrupted normal working conditions, including workplace attendance. Congress recognized this when it passed the Families First Coronavirus Relief Act (FFCRA) on March 19, 2020, which contained the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act. Employers who have continuing operations must comply with the FFCRA. The U.S. Department of Labor (DOL) issued temporary regulations that clarify coverage, and the scope and application of leaves, under the FFCRA, which are in effect from April 1, 2020, to Dec. 31, 2020. As a general matter, the FFCRA applies to employers with fewer [...]

By |May 20th, 2020|Categories: Uncategorized|

What is a Humane Way to Lay Off Workers During COVID-19?

COVID-19 has hit many businesses hard, necessitating the need to lay off employees. Laying off people is painful at the best of times, but during a global pandemic and economic crisis, the stakes are even higher. During this time of crisis, one thing is certain: layoffs should be achieved in a way that leaves people with their dignity, humanity, and as much support as can be given. Here are some best practices: Give Notice of Layoff "Face-to-Face" Normally, best practices for layoffs are done face-to-face in a private meeting with a supervisor and an HR representative. However, as businesses have [...]

By |May 13th, 2020|Categories: Uncategorized|

Timekeeping Challenges During COVID-19 and Potential Wage Claims

Employers throughout California are doing their best to handle the COVID-19 crisis. In complying with government orders, employers are asking or requiring employees to work remotely. However, many employers are not set up for telecommuting and this may spark lawsuits for non-compliance with California’s strict wage and hour laws. Anticipated wage and hour claims include: Not paying employees for all hours worked while telecommuting; Employers must have all their employees record their time and submit their hours remotely. This may include the use of software or applications that accurately records (contemporaneously) all hours worked, including meal and rest breaks. Make sure [...]

By |May 6th, 2020|Categories: Uncategorized|

Do You Pay Your Employees for Mandatory Searches?

On February 13, 2020, the California Supreme Court ruled on the Frlekin v. Apple, Inc. case, setting a standard for California time and attendance laws. The court ruled that Apple must pay its employees for time spent having their bags searched before they left for the day. The court determined that “[employee] time spent on Apple’s premises waiting for, and undergoing, mandatory exit searches of bags, packages, or personal Apple technology devices, such as iPhones, voluntarily brought to work purely for personal convenience is compensable as ‘hours worked’ within the meaning of Wage Order 7” (Frlekin v. Apple, Inc. Cal. Supreme Court, [...]

By |May 6th, 2020|Categories: Uncategorized|

Lawsuits Challenge AB5 as Employers Prepare

Effective January 1, 2020, Assembly Bill 5 ("AB5") dictates which California workers must receive full employment benefits. This new law has shown to be a continuously hot topic, as battles over employee classification persist in court. On one side we have groups seeking to roll back the law.  These include truck drivers, who argue that AB5 is interfering with their ability to earn a living as independent contractors. On the other side are labor advocates like Assemblywoman Lorena Gonzalez.  Gonzalez is the author of the bill and believe in financial security for gig economy workers and others. In addition to [...]

By |April 29th, 2020|Categories: Uncategorized|

How France is Responding to the Uber and the Gig Economy

France’s highest appeals court has become the first to declare that a former Uber driver should be recognized as an employee rather than an independent worker. With similar cases ongoing in the U.S. and U.K., this case is part of a “global battle” and has set a precedent for how employees are regulated in the gig economy. Details of the Case France’s Cour de Cassation upheld an appeals-court ruling that found the former driver’s “status as an independent contractor [as] fictitious” because he had a “relationship of permanent legal subordination” to the company. Essentially, the court said that because Uber [...]

By |April 22nd, 2020|Categories: Uncategorized|