Legal News and Updates
An introduction to wrongful discharge of California employees
At our law firm, we provide advice to a wide variety of Northern California private and public employers about the employee-employer relationship, including under what circumstances it may be illegal under state or federal law to fire someone. It is wise for employers...
California appeals court refines applicability of ABC test
A hotly debated legal issue in California is how to determine whether a worker is an employee or an independent contractor. The answer to the question in any given situation determines what responsibilities the hiring entity has toward the worker regarding working...
How to avoid liability when hosting a workplace holiday party
Throwing an annual holiday party can be a good way to boost employee morale and show appreciation for your staff's hard work. However, when poorly planned, it can also put your company at risk for liability. In today's post, we examine three key areas that, when...
How to properly address employee complaints
California employers of all sizes may eventually face the difficult duty of handling an employee complaint. Complaints of workplace hazards, discrimination, harassment and other issues warrant a careful response. Ideally, the employer promptly, thoroughly, and fairly...
Abiding by California’s paystub regulations
Many sections within California's labor code aim to protect workers and set expectations for employers. Regardless of a business' size, employees have certain rights regarding the payment they receive, including how employers must communicate payment. To properly...
California expands employer sexual harassment training programs
At Duggan Law Corporation, we provide training services to Northern California employers so that they can comply with state law requirements. The focus is to provide sexual harassment training to supervisors every two years for employers with more than 50 employees or...
Why employers should consider getting rid of probationary periods
Many companies have historically included language in their new hire contracts and employee handbooks about "probationary periods." This time frame usually spans around 90 days and outlines the employee and employer's right to terminate their employment relationship...
California court says gas-station manager not jointly employed
We recently wrote about a major California Supreme Court case called Dynamex Operations West, Inc. v. Superior Court that on April 30 adopted the new "ABC Test" for determining whether a worker is an independent contractor or an employee. Dynamex answered this...
Disability discrimination: What is a reasonable accommodation?
Both the federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA) require employers to provide reasonable accommodation for job applicants and employees with actual or perceived physical or mental disabilities. While the ADA...
California Supreme Court: the federal de minimis rule does not apply in California wage cases
May employers ask workers to perform brief, minor tasks while off the clock? This is the central question of Troester v. Starbucks, in which a former Starbucks shift supervisor alleged that the company did not properly compensate him for work he was regularly required...