Tag: california hr

New Ruling on Liability for Injuries to Contractor’s Employee

In a series of cases in recent years, the California Supreme Court has discussed the circumstances under which an employee of an independent contractor can sue the hirer of that contractor for work-related injuries, rather that just collect workers’ compensation benefits. Now the high court has further clarified when you can be sued for damages […]

Oakland Police Officer Wins $2 Million for Pregnancy Bias

A federal jury in San Francisco has awarded $2 million to former Oakland police officer Janeith Glenn-Davis, who claimed she was passed over for promotion because she was pregnant. The damages included $150,000 in lost earnings plus $1.85 million for emotional distress and other damages.

Disability Bias: Verdict Upheld for Worker Refused Reinstatement Based on Past Violent Behavior; What to Do

When Joshua Josephs applied for a service tech position with Pacific Bell Telephone Co., he checked “no” to the job application question, “Have you ever been convicted of, or are you awaiting trial for, a felony or misdemeanor?” Josephs was hired for the position, which required him to install and repair phones unsupervised in homes, […]

Workers’ Compensation: Employee Gets Six Years to File Comp Claim Because Employer Didn’t Provide Notice of Rights

Thomas Davenport worked for Michael Faeth Cleaners (MFC) under its contract with Camp Pendleton to dry-clean military clothing. He lived in a hotel on the base and MFC paid for his room and board. One day, while Davenport was cooking in his hotel room, a grease fire started and Davenport was burned on his arms, […]

Employment Law Tip: Get a Severance Signoff

Employers often use severance pay as a way to fend off possible lawsuits by departing employees. But here’s the catch: if you don’t require the employee to sign a waiver of all rights to sue you in exchange for the severance, you can be sued anyway. Whenever you offer severance an employee is not otherwise […]

California Supreme Court to Review Meal Period Issue

In recent months, the California appeals courts have grappled with whether the extra one-hour’s wages an employer must pay an employee for a missed meal or rest period amounts to a penalty or wages. A penalty carries a one-year time limit for an employee to file a claim; wages carry a three-year time limit. Now, […]

Employee Shift Switching May Pose Multiple Legal Problems

We are a hospital. Our employees often switch shifts or take extra shifts for someone else. They have their own informal system for handling switches and it works—we always have coverage. But I’m worried about compensation issues. They handle their pay as though they had worked their normal shifts, and they take care of paying […]

Recruiting: Are We Allowed to Recruit Employees from Competitors?

Our company’s hiring managers always want me to recruit from certain competitor companies. I’d like to know what legal and ethical limits there are on my right to recruit employees from other companies. Can I cold call someone in a competing firm and ask if they would be interested in working for my firm? What […]