Deferred Action for Childhood Arrivals (DACA) Decision Announced

DACA Program Rescinded! Echoing similar thoughts of confusion, uncertainty, and anger around the nation, California employees and employers contemplate the far reaching effects of today’s Deferred Action for Childhood Arrivals (DACA) program decision. Memorandum on Rescission of DACA.   Today’s decision to rescind the 2012 Obama era DACA program throws the status of an estimated […]

FLSA Overtime Rule Issue Resolved!

Texas Judge makes final ruling on previously stayed Overtime Rule! The Obama era Overtime Rule issue has been resolved with a final ruling from U.S. District Judge Amos Mazzant. The District Court’s ruling granted summary judgment in favor of litigants challenging the 2016 changes to the Fair Labor Standards Act increasing minimum annual salary requirements […]

Five Days and Counting!

According to the Presidential Election of 1876 was one of the “ugliest most contentious Presidential campaigns ever” with the Republican candidate calling his Democratic opponent out as “a briber[] a thief [and] a drunken syphilitic.”  I think at this point, most American’s would agree, the Presidential Election of 2016 is running a very close […]

Select Task Force on the Study of Harassment in the Workplace: Excerpts from EEOC Select Task Force Executive Summary & Recommendations June 2016

Recommendations proposed in the EEOC Select Task Force Report on the Study of Harassment in the Workplace (June 2016) advocate a ground-swell of top-down change in how anti-harassment training in workplace is approached. Excerpted recommendations made by the EEOC Select Task Force include the following: “Training Must Change. Much of the training done over the […]

Thoughts on Termination

Under California law (Cal. Lab. Code §2922), there is a presumption that all employment is terminable “at will.” Meaning, the employment relationship has no specific term and may be terminated at the will of either party with or without notice and with or without cause. This public policy, that individuals should be free to engage […]

Advantages and Disadvantages of Utilizing Independent Contractors in Your Business

The language used in establishing a true independent contractor relationship is important. The distinction between forming an employer/employee relationship and an independent contractor/principal relationship is as much found in the performance of the work as it is in the language that initially forms the relationship. So, what are we really talking about when it comes […]

“Should I friend job applicants so that I can see what they really have to offer?”

While it has become common practice in the business world to “Google” or perform a social media search on job applicants, actually “Friending” a job applicant could get you or your business into trouble. As they say, “you can’t un-ring a bell!” Refusing to hire an applicant because of information discovered on their social media […]

“Can I terminate an employee for posting comments about the company online?”

It would really depend on the factual situation. But, generally, employees are protected in making off-duty comments online concerning the terms and conditions of their employment which would include comments concerning: working conditions, pay, promotion selection criteria, quality of supervision and the like.* * No Legal Advice Intended: This website includes information about legal issues […]