COVID-19 and California Employment Law

As California employees scramble to understand the recent changes in the law as it relates to the Coronavirus (Covid-19), the following resources to the community generally and as to protections available to California employees in light of the Coronavirus pandemic. Generally: - Federal and California tax return ...

Questions and Answers about California Overtime

California’s overtime laws can be quite confusing. That’s one of the reasons the Department of Industrial Relations (DIR) has a list of answers to commonly asked questions about overtime. In general, workers 18 and older and minors 16 and 17 who are not required to attend school (and who aren’t otherwise prohi...

Freelance Journalists and Photographers File a Lawsuit Challenging California’s New Law Reclassifying Independent Contractors as Employees

According to NBC Los Angeles, freelance writers and photographers are challenging California’s new law that reclassifies workers as employees instead of independent contractors. The law is a codification of the Dynamex case (a ruling of the California Supreme Court) which aimed to help independent contractors obtain ...

What Conduct Can Lead to Punitive Damages in California?

California Code 3294 provides for punitive damages in cases that don’t involve a breach of contract. A plaintiff can seek punitive damages where there is clear solid evidence that the defendant, such as an employer is guilty of “oppression, fraud, or malice.” Punitive damages are meant to set an example and are a...

Who Qualifies as a Supervisor in Harassment Lawsuits Based on Vicarious Liability?

According to the Equal Employment Opportunity Commission, employers are generally subject to vicarious liability for any unlawful harassment committed by a supervisor “with immediate (or successively higher) authority over the employee.” The federal discrimination laws don’t specifically define the word “sup...

Determining the Amount of Exemplary/Punitive Damages

In California, a claim for punitive damages is broken down into two phases. The first phase is generally the trial to determine the liability of the defendant and the amount of compensatory damages that should be paid. The second phase is the determination of what exemplary/economic damages should be paid. The amoun...

P2 of California Employment Laws Scheduled to Take Effect in 2020

Part 2. Classification of Workers of California's New Laws Scheduled to Take Effect in 2020 One major California law that affects California employment is the codification of the Dynamex decisions which changed the way workers are classified. Now, many more workers will qualify for employee status and not independen...

California Employment Laws Scheduled to Take Effect in 2020

California Employment Laws Schedule to Take Effect in 2020 – Part 1. Arbitration Agreements According to California Employment Law Report, California passed several new employment laws in 2019 that will take effect on the first of January 2020 – with limited exceptions. This is the first of a series of write-ups...

A Ban on Settlement Agreement No-Rehire Requirements

This law is effective 1/1/2020. It means that provisions in settlement agreements that preclude workers from obtaining future jobs with the settling employer (or related business) are invalid. There is an exception for good faith reviews by the employer that show an employee engaged in sexual assault or sexual harassme...

Frequently Asked Questions about Sexual Harassment. What Type of Training is Required?

FAQ About Sexual Harassment in the Workplace This is a follow-up to our first article on when employers must train their workers about sexual harassment in California. This article explains what training is required by the California California Department of Fair Housing and Employment. What training do employe...