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.
As the toll of COVID-19 continues to increase, liability issues regarding safety at work is a reality businesses must face. Employers must ask what their potential liabilities are if an employee contracts COVID-19 at work. Below we discuss potential liabilities and how to mitigate the risks. Workers' Compensation When an employee is injured at work, a claim is filed through workers' compensation. Generally, workers' compensation is the exclusive remedy for employees who are injured or contract an illness or disease at work. Normally, to obtain workers compensation due to an illness or disease, an employee must show: They contracted the [...]
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 [...]
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 [...]
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 record (contemporaneously) all hours worked, including meal and rest breaks. Make sure [...]
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, [...]
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 [...]