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.
Human Resources often uses its own jargon and can be a “language” of its own, especially in a sophisticated office with an entire HR department rather than just one person. As such, it is important to make sure any HR communication is as clear and specific as possible to reduce the chance of misunderstandings, especially in light of the recent pandemic. Here are two simple tactics HR can use to improve communications. 1. Use Plain Language. When communicating with employees - especially in mass communications - try to phrase your message in plain English as much as possible. Employees [...]
In 2021, there are new updated employment Laws that impact California employers. To shed light on these regulations, our 2021 Employment Law series is designed to help employers navigate these significant changes so they can stay compliant with California law and thrive. With sexual allegation cases and the #MeToo movement constantly on the rise, California legislators have been creating new and updating past legislation to enforce sexual harassment training in the workplace, one of which is Senate Bill 1343 (SB1343). What is Senate Bill 1343? Governor Brown signed SB 1343 more than two years ago, on September 30, 2018. [...]
CalSavers, a California run retirement program, is designed to give employees and contractors the ability to set aside a percentage of their wages toward retirement if their employer does not offer a 401K or other retirement plans. The CalSavers statute is set by California Government Code §§ 100000-100050, with the new regulations codified as California Code of Regulations §§ 10000-10007. This article attempts to explain how CalSavers works and how it will affect California business owners by answering key questions. What are the Deadlines? Employers of five (5) employees or more must provide either a retirement plan or register [...]
"Can I, as an employer, be sued for stress?" This is probably a question that employers think about quite often. Thankfully, as a general rule, an employee cannot sue their employer for stress, unless the employer’s conduct that caused the stress was due to your race, gender, national origin, religion, or other protected characteristics. Being Sued For Stress vs. Hostile Work Environment It is a common misconception among non-lawyers that workers can sue their employers anytime they create a “hostile work environment,” which is a type of discrimination. So, if the hostile environment is due to gender, for example [...]
A company policy that sets “hug quotas” can be a very, very bad idea. If only one employee has sued for sexual harassment, the company should count itself lucky. Here are a couple of reasons why a "Hug Quota" policy can be problematic. 1. Hug Quotas Hurt the #MeToo Movement A bit of common sense: look at the explosion of #metoo stories in the last two years and you’ll find an important theme: consent. The movement seeks a change in culture from “she didn’t say no, so I thought it was fine” to “it’s not fine unless she (or [...]
Terminating an employee can be a stressful endeavor for any employer for a lot of reasons, even if it’s necessary for the best interests of your business. The employer may be concerned about how the employee is going to react, how the rest of their staff is going to react, how to cover the hole left in their workforce, and often, whether or not they are inviting the terminated employee to try to take some sort of action against them. While an employer can never fully eliminate the possibility of legal action by a terminated employee, they can take [...]