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.
Employees who believe they have been unlawfully denied wages, meal and rest breaks, or any of their other rights under California’s wage and hour laws, may file a claim with the California Division of Labor Standards Enforcement (“DLSE”), also called the “Labor Commission.” Of course, they might also file a lawsuit, or a complaint in arbitration (if there is an arbitration agreement), or a complaint with the U.S. Department of Labor. However, many employees choose to file claims with the DLSE due to the employee-friendly California labor laws and because the DLSE itself has a reputation of favoring employees in [...]
California has become the first state to require publicly traded companies to include women on their boards of directors. Women in this bill are defined as people who self-identify as women, regardless of their designated sex at birth. The bill, SB826, was signed by Gov. Jerry Brown on September 30, 2018. What is SB826? The bill applies to companies that report having their “principal executive offices” in California. These companies are required to have at least one woman on their boards by the end of 2019. In 2021, the companies must have a minimum of two or three women, [...]
California is an at-will employment state, which means an employer can terminate an employee with or without cause and with or without advance notice, as long as the reason for the termination is not prohibited by law. If an employer violates any laws, they could be brought to court for wrongful termination. Terminations that are prohibited by law mostly revolve around discrimination and retaliation. While an at-will employee can be terminated for any reason that’s non-discriminatory or retaliatory, there are often ways an employer can plan ahead for a smoother termination. Mistakes are often made, but many wrongful termination [...]
On September 17, 2020, Senate Bill 1159 (SB1159), along with Assembly Bill 685 (AB685), was signed. Formalizing Executive Order N-62-20 which expired on July 5, 2020, SB1159 creates a new framework for COVID-19-related workers’ compensation claims. Here is a detailed look at what SB1159 is and how it affects your business. What is SB1159? California Senate Bill 1159 (SB1159) codifies the COVID-19 presumption created by Executive Order N-62-20 and provides two new rebuttable presumptions that an employee’s illness related to COVID-19 is an occupational injury, and therefore eligible for workers’ compensation benefits if specified criteria are met. As emergency [...]
On September 17, 2020, two new pieces of legislation that affect how employers address COVID-19 in the workplace were passed. One is Assembly Bill 685 (AB685), which aims to better protect non-remote employees from COVID-19 exposure and allows California to track COVID-19 cases in the workplace more closely. Here is what AB685 is and what it means for your business. What is AB685? Effective on January 1, 2021, Assembly Bill 685 (AB685) imposes new notice and reporting obligations for COVID-19 exposure in the workplace. Here are the changes employers should prepare for: New Notice Requirements AB685’s new notice requires [...]
Assembly Bill 5 (AB5) is a law that affects how companies, both in-state and out-of-state, do business throughout the state of California. This anti-gig economy bill tightens up the rules about which workers may be classified as independent contractors versus employees. Believed to have been designed to target app-based platforms such as Uber and Lyft, this bill has major implications for many other industries in California. As such, we foresee that worker misclassification suits will grow in the upcoming months. To help you and your business navigate the complicated nature of AB5, here is how AB5 affects accountants. What [...]