(This is Part II of a Two-Part Series on Hiring. Part I “Now Hiring! Best Practices for a Lawful Interview Process” can be found here.) Finding the right employee can be challenging, however even after an employer hires a candidate, they still have their work cut out...
On October 5, 2021, the U.S. Department of Labor (DOL)’s rescission of the prior administration’s March 2020 Joint Employer Rule under the Fair Labor Standards Act went into effect. In short, the rescission essentially increases the likelihood that an employer could...
Last week the California Supreme Court in Ferra v. Loews Hollywood Hotel, LLC dealt yet another blow to California employers: whenever an employee misses a meal or rest period, or takes a non-compliant meal or rest period (i.e., one that is late or short), the...
Last week, the California Supreme Court dealt a major blow to California employers in Donohue v. AMN Services, LLC, holding that: (1) Employers cannot engage in the practice of rounding time punches in the meal period context, because meal period provisions are...
Happy New Year! We at Duggan McHugh Law Corporation (DMLC) want to wish you a happy and healthy 2021, and best wishes for a great and profitable year ahead. As 2020 comes to an end, employers will need to be aware of the changing employment laws that will be in effect...
Few employment law issues have attracted the level of attention garnered by AB 5, California’s sweeping law targeting businesses that utilize independent contractors. Since being passed, the law has survived an onslaught of constructive criticism from negatively...
If you run a business, you may hire contractors because of the potential savings they provide. Unlike full-time employees, you do not have to cover their payroll taxes, health benefits, time off, or sick leave. However, employing contractors incorrectly could put your...
It is well known that California state labor and employment laws tend to be more pro-employee than corresponding federal laws. Therefore, it may come as no surprise that if you make your employees stand in line before they leave so you can inspect their bags to ensure...
Our state is known for its wide-reaching employee protections. A recent Court of Appeal case illustrates this in the context of a department store that required retail employees to call in two hours before possible on-call shifts to see if they had to report in...
In a case widely lauded as pro-employer, the California Court of Appeal in the Fourth District recently agreed with the trial court that a health staffing company's use of time-rounding software to track its employees' required meal breaks was fair and neutral and...
