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Archive for June, 2013

06
JUN

MY RECENT BLOG POSTS MISTAKENLY FAILED TO INDICATE THAT THE CONTENT HERE WAS DERIVED FROM AN ARTICLE ORIGINALLY WRITTEN BY NEIL PEDERSEN, ESQ. OF PEDERSEN MCQUEEN.  THE ARTICLE IS ENTITLED “FEHA RED FLAGS: COMMON EMPLOYER VIOLATIONS OF CALIFORNIA’S DISABILITY DISCRIMINATION LAWS,” TO WHICH THE STATE BAR OF CALIFORNIA WEBSITE POSSESSES A COPYRIGHT.  FUTURE ARTICLES IN THIS [...]

03
JUN

MY RECENT BLOG POSTS MISTAKENLY FAILED TO INDICATE THAT THE CONTENT HERE WAS DERIVED FROM AN ARTICLE ORIGINALLY WRITTEN BY NEIL PEDERSEN, ESQ. OF PEDERSEN MCQUEEN.  THE ARTICLE IS ENTITLED “FEHA RED FLAGS: COMMON EMPLOYER VIOLATIONS OF CALIFORNIA’S DISABILITY DISCRIMINATION LAWS,” TO WHICH THE STATE BAR OF CALIFORNIA WEBSITE POSSESSES A COPYRIGHT.  FUTURE ARTICLES IN THIS [...]

07
MAY

In February of 2013, the California Supreme Court issued its ruling in Harris v. City of Santa Monica, which made it more difficult for employees to prove discrimination as a cause in being terminated and recovering damages under the California Fair Employment and Housing Act (FEHA).   In Harris, a bus driver for the City [...]

30
APR

What is a Non-Compete Clause? A non-compete clause in a contract is one where the employee agrees, for at least a certain amount of time and within a certain geographical zone, not to engage in the same or similar trade or profession as the employer after termination or resignation.  Employers like to include such clauses [...]

05
APR

California Labor Code Section 1198.5 allows every employee to inspect their personnel records maintained by their employer.  The employer has to make the contents of those personnel records “at reasonable intervals and at reasonable times.”  Effective January 1, 2013, the following amendments have been made to Section 1198.5:   Now, all current and former employees, or [...]

19
MAR

The simple answer to the question is – NO.  California Labor Code Section 1024.5, which took effect on January 1, 2012, prohibits most employers, including prospective employers, from obtaining credit reports for employment purposes.    However, there are certain exceptions.  For instance, certain financial institutions may still obtain a credit check for existing and/or prospective [...]

11
MAR

Well, the California legislature is definitely doing a good job of keeping employers on their toes!  Below are several developments in the field of employment law for 2013:   1.  Written Contracts Now Required for Commission-Based Pay Employees – California Labor Code section 2751 became effective on January 1, 2013 and requires all employers to [...]

07
MAR

So many employers nowadays are so afraid of getting sued that they would rather keep poor employees than terminate the relationship.  I get so many questions from employers about this very topic – can I fire my employee for coming in late? Can he sue me for wrongful termination? What if he does anyhow?   [...]

19
FEB

The workers’ compensation system began as an agreement between employers and their employees.  Employers provide no-fault insurance against workplace injuries and, in return, employees do not file lawsuits if and when they get hurt or sick because of work. The Division of Workers’ Compensation oversees the administration of claims and runs the workers’ compensation court [...]

19
FEB

Because workers’ compensation insurance is a no-fault system in California, injured employees do not need to prove that their injury was someone else’s fault in order to receive workers’ compensation benefits for an on-the job-injury.  Injured workers are entitled to medical expenses and may also be entitled to a portion of their wages lost due [...]