Category Archives: Employment Law

Most Employers Can Require Arbitration Agreements As A Condition Of Employment

In a victory for American employers, the United States Supreme Court has just ruled that class action waivers in arbitration agreements required as a condition of employment do not violate the National Labor Relations Act, the 1930s law that applies to all base level employees, even absent a union.

Most private California employers will now be able to require as a condition of employment that employees agree in advance to arbitrate employment disputes. A well-crafted arbitration agreement developed with the help of experienced employment counsel familiar with this case presents the possibility of reducing the time, expense, disruption to your business, and potential negative publicity of litigating class action employment disputes in court. As well, it eliminates exposure to a runaway jury verdict.

The case is Epic Systems Corp. v. Lewis, Ernst & Young LLP v. Morris, and NLRB v. Murphy Oil USA, Inc.

JULY 1: NEW NATIONAL ORIGIN REGULATIONS

REMINDER: California has approved new regulations addressing national origin protections for applicants and employees, including individuals who are undocumented. Even though California already has strict rules prohibiting harassment and discrimination based on protected classes, including national origin, California has approved new regulations which expand on those rules. These new regulations also reiterate the Fair Employment and Housing Act’s prohibitions against harassment and retaliation based on national origin.

Should you have any questions regarding the new regulations, contact the Employment and Labor attorneys at SBEMP.

NEW RULES SET FOR DETERMINING
EMPLOYEE VERSUS CONTRACTOR

In a decision likely to make it much harder for businesses to classify workers as contractors, the California Supreme Court has set aside a multi-factor standard California courts used for 30 years to determine whether a worker was an independent contractor or an employee under California’s various Wage Orders.

The Court ruled on April 30th in Dynamex Operations West v. Superior Court of Los Angeles County that from now on businesses must use a three-factor, or ABC, test when making that determination. The test presumes the worker is an employee and not an independent contractor unless each of three conditions is satisfied.

For additional information, contact our office or continue reading on SBEMP Facebook Page.

Employment & Labor Law Attorneys of SBEMP

thomas_s_slovak lena_d_wade vee_b_sotelo
 Thomas S. Slovak  Lena D. Wade   Vee B. Sotelo

SBEMP’S Labor and Employment Department is comprised of attorneys with decades of experience in a broad range of labor and employment matters from day-to-day counseling to labor negotiations and litigation. Our team is prepared to guide our clients through the complex myriad of employment laws affecting California employers. We assist our clients with day-to-day personnel management issues, such as drafting employment policies, managing leaves of absence, identifying potential problems in hiring and firing practices, and ensuring wage and hour compliance. Our attorneys are also experienced litigators who regularly represent clients in all types of employment litigation, including defending wage and hour class actions as well as lawsuits alleging discrimination, harassment, and retaliation. Additionally, we regularly represent clients in administrative proceedings, such as Labor Commissioner claims, CalOSHA citations, DFEH and EEOC investigations, and DLSE complaints. Our labor and employment practice is also prepared to assist clients with labor negotiations and disputes. Our labor attorneys are experienced in negotiating labor agreements as well as representing clients before the NLRB.

DISCLAIMER: This blog post does not constitute legal advice, and no attorney-client relationship is formed by reading it. This blog post may be considered ATTORNEY ADVERTISING in some states. Prior results do not guarantee a similar outcome. Additional facts or future developments may affect subjects contained within this blog post. Before acting or relying upon any information within this newsletter, seek the advice of an attorney.

Understanding the Employment Litigation Process

Understanding Employment Litigation

When it comes to employment litigation, it is not always about whether the employer feels the employee has been treated fairly. The employers’ view of fairness can be very different from the employee or the law. Most employers are caught off guard in litigation by an employee they thought was treated correctly. When this happens, it is important for the employer to fully understand the complex process of employment litigation to try and avoid trial or keep losses to a minimum. The article below will discuss the common steps in the litigation process.

Regulatory Agency Review

Most employment litigation will begin in either the Equal Employment Opportunity Commission(EEOC), Employment Security Commission(ESC) or the Department of Labor(DOL). During this phase investigators or attorneys work to build a case for the employee. 

Filing Complaint

If an agency or the employee decides to file a lawsuit, usually it must be done within a short-specified time frame, often in as little as 90 days. Once served by the employee, the employer must decide how to respond.

Interrogatories

This step is when both sides present the opportunity to ask each other questions to expose what each side knows in relation to the case. 

Mandatory Mediation

This stage involves a mediator that attempts to settle the suit prior to avoid trial.

Summary Judgment

This is the last step before trial where either side attempts to persuade the judge on why the case shouldn’t go to trial.

The employment litigation process is very complex and should be handled by professionals that understand these cases. If you are an employer facing litigation, don’t hesitate to contact our Palm Springs employment law attorney today.

Why Companies Need Clear Sexual Harassment Policies To Prevent Litigation

The headlines in 2017 involved emerging headlines showing litigation and sexual harassment claims. In 2018, there is no indication of these headlines slowing down. The boost in sexual-harassment claims coincides with the prevalent and ongoing social movement which has supported those who are victims of sexual harassment to step forward and announce that they, also, have been victimized.

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Part 2: 2018 Brings Changes to California’s Labor and Employment Laws: Part Two of a Three Part Series

From the Labor & Employment Department:

2018 Brings Changes to California’s Labor and Employment Laws: Part Two of a Three Part Series

New legislation regarding labor and employment laws in California became effective on January 1, 2018. Several laws address parental leave, hiring practices, gender discrimination and harassment, wages, workplace safety and workers’ compensation. Here is a brief overview of noteworthy changes in the legislation for employers: Continue reading

New Developments Concerning Employee & Employer Arbitration in the Iskanian v. CLS Transp. Los Angeles, LLC Case

Courts have been increasingly applying elements of the Federal Arbitration Act to more and more employer/employee arbitration disputes. Currently, 49 states have encoded into state statutes, the Uniform Arbitration Act (1956). These two combined situations are giving arbitration decisions and subsequent agreements the enforcement of state and federal law. Continue reading

Are Your At-Will Employment Documents Worded Correctly?

More and more private business owners are noticing the “at will” employment approach for their business. This type of employment means that an employer does not have to give any employee an advanced notice of termination of their job, nor does the employer have to justify to the employee why they are being relieved of their duties. This law upholds the fact that employers do not have to give a good reason for termination of the employee. Continue reading

Coachella Valley Corporate Attorneys Answer The Question: What Workplace Instances Require A Corporate Lawyer?

When it comes to your rights at work, whether you are an employee or an employer, meeting with the Coachella Valley employment lawyer team is a great idea. They can help you understand legal matters in your situation. Employment law entails many different guidelines and requirements. Reach out for legal advice to ensure that your rights, and the rights of others, are not infringed upon. There are many different instances when the Coachella Valley corporate attorneys can assist you: Continue reading

Coachella Valley Corporate Attorney Answers the Question: What Are the Proper Steps for a Company to Follow When Tasked with Informing Employees of a Decrease in Their Pay?

Question: What are the proper steps for a company to follow when tasked with informing employees of a decrease in their pay?

Answer: In this circumstance, the company’s formula for determining an annual increase in pay is based upon market share and employee tenure. The employee in question was not notified that their market share had declined before a decrease in their pay went into effect. The company’s compensation analyst claimed that the employee might have been verbally notified, but appeared uncertain of this fact. Neither the employee’s director, nor their manager stated that they were aware of the pay decrease. The Human Resources Department responded to the situation by issuing a memo to the Vice President and all directors, which included information regarding the date of the pay scale revision. Continue reading