Employers’ obligations to investigate workplace-related claims do not end when the complainant or the accused no longer works for the business. Former employees’ complaints come to employers’ attention in different ways.  The employer may learn about a concern during...

Employers must pay workers for “reporting time” when employees call in to determine if they will be expected to work, according to the California Court of Appeal’s decision in Ward v. Tilly’s, Inc.  If the California Supreme Court denies Tilly’s pending petition for...

Senate Bill 1300, enacted last year, is one of the California Legislature’s answer to the “Me Too” movement.  The law makes several changes to the law prohibiting harassment in the workplace.  These changes lower the standard required to prove unlawful harassment....

Disclosure and Consent in Employee Background Investigations Many employers use background investigations when making hiring, promotional, and similar decisions. The data made available by these investigations help the employer evaluate applicants in greater depth...

For decades, employers have used timekeeping practices that involve rounding, for example, rounding the employees’ “punch time” up or down to the nearest tenth or quarter hour. In the past few years, several California cases have upheld employers’ rounding practices,...

Employers require at least some employees to travel for business purposes. When hourly employees travel as part of the job, several employment law issues require attention. Commute Time An employee’s regular commute generally is not compensable. However, there are...

On October 11, 2018, the federal Occupational Safety and Health Administration (OSHA) issued a memorandum relaxing the rules on post-accident drug testing and drug testing as part of a safety incentive program.  Formerly, OSHA rules permitted drug testing only where...

Employers enter into agreements with employees to settle threatened claims or litigation, and to resolve any potential claims, such as at the time of a layoff or discharge. The primary goal of these agreements is to resolve active disputes or potential claims.  ...

This fall, the California legislature responded to the #MeToo movement in a significant way.  One bill, SB 1343, affects nearly every employer in California.  Prior to SB 1343, only employers with 50 or more employees were required to provide sexual harassment and...

Employers and the public understandably focus on workplace harassment claims arising from co-workers’ or supervisors’ conduct.  However, an employer also may incur liability for unlawful workplace harassment perpetrated by an outsider, such as a customer or vendor. ...