Is a PIP an Adverse Employment Action? Key Takeaways from Walsh v. HNTB
8 Instances in Which a PIP Wouldn’t Be an Adverse Employment Action The PIP did not adversely affect the terms and conditions of employment. The PIP did not result in a reduction in compensation (salary, bonuses, etc.). The PIP did not alter the employee’s job title, usual job duties, or ability to seek other opportunities […]
Employees’ Time Off: The FMLA, CFRA, PDL, and USERRA and What Employees and Employers Need to Know
8 Examples of How Employers Breach Their FMLA Duties Denying FMLA leave despite an employee’s eligibility and prior notice. Dissuading employees from exercising FMLA leave through threats or intimidation. Altering the workplace environment to avoid an employee’s FMLA eligibility, such as transferring employees to reduce the workplace below the 50-employee threshold. Failing to provide employees […]
California Labor Laws Pertaining to Contacting Staff Outside of Business Hours
Can Employers Call Employees After Work Hours in California? Understanding California Labor and Employment Law When it comes to California labor and employment law, one question that frequently arises is whether employers can contact employees outside of normal working hours. The answer depends largely on how the employee is classified under state and federal law […]
Workplace Sexual Harassment
WHAT IS SEXUAL HARASSMENT? Sexual harassment can rear its ugly head from several perspectives, ranging from full-on rape to psychological workplace harassment. We have dealt with both ends of this spectrum and can help. The key to having a solid case is having someone who can act as a witness to what is taking place […]
Meal Periods
The relevant California Wage Orders mandate that employers must provide: A first 30-minute unpaid meal period beginning within five (5) hours from the start of the work shift. A second 30-minute unpaid meal period if more than 10 hours are worked in a day. See IWC Wage Order 11090; Cal. Lab. Code § 512(a); see […]
Electronic Time Rounding
If an employer can capture the exact amount of time an employee has worked during a shift, the employer must pay for all time worked, even if it uses a purportedly ‘neutral’ rounding system. Camp v. Home Depot U.S.A., Inc., 84 Cal.App.5th 638, 660 (2022) (review granted Feb. 1, 2023); see also Troester v. Starbucks […]
Federal Family Medical Leave Act
The Family Medical Leave Act (FMLA) entitles eligible employees to twelve (12) weeks of unpaid, job-protected leave for certain personal and family medical reasons. The FMLA states that it is: “Unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise any right.” Employer Interference Under FMLA Includes: […]
California Family Rights Act
IS A FORMAL LEAVE REQUEST BY THE EMPLOYEE NECESSARY? The California Family Rights Act (CFRA) grants eligible employees the right to unpaid, job-protected leave for certain family and medical reasons. A common question is whether an employee must formally request CFRA leave to receive its protections. What Employees and Employers Need to Know Employees do […]
Meal Break Waivers & Premium Pay
California law requires periodic paid rest periods and meal breaks for non-exempt workers. Under California Industrial Welfare Commission (IWC) Wage Order 11090, employers must provide: 10 minutes of paid rest time for every four (4) hours worked (or a major fraction thereof). A first 30-minute unpaid meal period beginning within five (5) hours from the […]