The Importance of Having Written Employment Policies

California Workplace & Employment Law Blog

October 14th, 2018

The Importance of Having Written Employment Policies

Application & Hiring, CA Employee Handbooks, Harassment & Discrimination, Leaves of Absence, Meal & Rest Breaks, Paid Sick Leave, Personnel Files, Reasonable Accommodation, Wage & Hour Issues

I was recently retained by a new client to defend the company against wage and hour charges brought by a former employee that were filed with the California Labor Commissioner’s office. As I do whenever I get a new client, I asked if they had an employee handbook or other written personnel policies. Unfortunately, they did not. This makes it much more difficult to defend against employment claims brought by employees. The failure to have written policies may be taken as evidence that you do not comply with your legal obligations.

Read article

August 31st, 2018

Beware Of Using No-Fault Attendance Policies

CA Employee Handbooks, Leaves of Absence, Paid Sick Leave, Reasonable Accommodation

Whenever I do employee handbook reviews for new clients, I make sure to always remove their no-fault attendance policies.  These are policies where discipline is automatic after a certain number of absences or a certain number of days of reporting to work late – regardless of the reason for the absence or tardiness. These policies could open an employer up to liability for violating state and federal law requiring reasonable accommodation for employees with disabilities, state and local law providing for mandatory paid sick leave, as well as various other protected leave laws.

Read article

August 5th, 2018

Make Sure Your Arbitration Agreements Contain Class Action Waivers

Arbitration

During the U.S. Supreme Court’s most recent term, the Court held that companies can use arbitration agreements to prohibit workers from suing their employers in class action lawsuits. This means that an employer can include a clause in its arbitration agreements which requires the employee to waive the right to bring any claims against the employer as part of a class action lawsuit.

Read article