August 7, 2015

gbossermanMany employers have classified workers as “independent contractors” because a true “independent contractor” is exempt from the labor laws on minimum wage, overtime, workers compensation and unemployment insurance issues. It is safe to say that employers will soon see a crack down on use of this designation, because on July 15, 2015, the Wage and Hour Division of the US Department of Labor issued a long awaited statement of the factors it will now use to determine whether a worker is properly classified as an “independent contractor.”  Its reason for doing so was stated as follows: “In recent years, employers …

June 2, 2015

kathy

Lots of Lawyers, Very Little Legal Talk

It’s not enough to just be a great attorney. Our clients demand lawyers who are on top of business trends as well as closely connected to local business and government. We take that charge seriously at AMB. And one of the best – and admittedly most fun – ways we showcase our efforts in this arena is at our annual Central Coast Business Symposium.

We’ve rounded up a slate of speakers on thought provoking, business relevant topics for this year’s event on June 15.

SLO resident and GoDaddy, Inc. CEO Blake Irving is …

April 17, 2015

gbosserman

The start of the year is usually very busy for people, so taking a moment to review the new laws is not always possible. As we move into the second quarter of this year, we wanted to remind you about a new law that went into effect in California on January 1, 2015, that applies to an employer who works with a staffing agency or labor contractor.

The new law (AB 1897) is now section 2810.3 of the California Labor Code. An employer needs to be very careful in using a staffing agency (someone who rents the employer’s employees back

February 4, 2015

gbosserman

Can a Facebook post by a teenager bring legal problems for the rest of the family? If you think the answer is no, think again.

A Florida court of appeal granted an employer’s motion to enforce a settlement and awarded the school money when the teenage daughter of a former employee posted a comment on Facebook about the settlement, which was suppose to be confidential. In the decision Gulliver Schools v. Snay (Florida Ct App 02/26/2014), the school (the employer) appealed the trial court’s order granting Snay (the school’s former headmaster) a motion regarding enforcement of the settlement agreement between …

January 21, 2015

kathyIt’s 2015 and California employers have a brand new list of new To-Do’s that come courtesy of Sacramento legislators. Be aware of changes in the law and take steps to make sure you’re covered. If you haven’t started your HR checklist, we’ll help with the one that follows.

  1. Update your personnel policies. California became the first state in the nation to require employers, regardless of size, to offer paid sick leave. Your sick leave policy must provide for any employee who has worked for you for at least 30 days to begin accruing sick leave at the rate of one

October 8, 2014

ambersimmonsFor Ag Employers to help improve management, overall systems efficiency and employee performance.

Last, but certainly not least, here is the conclusion of our 3-part series on DO’s and DON’Ts for Ag Employers. In the first part of the series, we focused on wage issues, work conditions, and UFW. The second part of the series provided tips on avoiding class action lawsuits, improving worker safety, and special issues related to applying chemicals.

In our finale, 5 DO’s and DON’Ts are provided to help improve management, overall systems efficiency, and employee performance. While most of these tips are universal and can

September 24, 2014

ambersimmonsFocusing on class action lawsuits, workers’ safety, and special issues related to chemical applications.

This is the second article in our 3-part series on DOs and DON’Ts for Ag Employers.  The first part of the series discussed wage issues, work conditions, and UFW.  This article provides 8 DOs and DON’Ts and focuses on class action lawsuits, workers’ safety, and special issues related to chemical applications.

8) DO remember that agricultural workers are eligible for overtime and there is a limit as to the number of hours they can work in a day.

There are specific rules for agricultural overtime, depending …

September 9, 2014

ambersimmonsFor Ag Employers: How to Keep Your Workers Happy and Avoid Breaking the Law

It’s all over the news and is being felt every day in the agriculture industry – there is a shortage of farm workers.  While we wait for Congress to work on immigration reform, farmers and ranchers, agribusiness owners, and labor contractors are left wondering – what can we do to keep the workers we have happy and prevent a workers’ compensation claim or an Occupational Safety and Health Administration (“OSHA”) or Department of Pesticide Regulation (“DPR”) violation?

In this 3-part series, you will find a non-comprehensive …

August 26, 2014

gbossermanProtect Your Employees and Your Business from Workplace Violence.

By Gordon Bosserman

Last summer, a media story reported on a San Diego second grade teacher who lost her job because of an abusive husband.  The woman had placed several temporary restraining orders on her spouse. Officials at the private school where she had taught for 16 years terminated her contract, citing concerns for the teacher’s safety and the safety of the other teachers, administrators and students. Was the teacher a victim, or did the school act to protect its staff and students from potential violence?

In October 2011 a shooting

August 12, 2014

gbossermanEmployment Law Updates

By Gordon Bosserman

HOW TO AVOID CLASS ACTIONS

 The California Supreme Court appears to have conformed California law on “class action waivers” with Federal law.  Previously, California courts refused to enforce “class action waivers” in arbitration agreements while Federal courts enforced them.  A “class action waiver” is a provision which limits an employee’s right to sue his or her employer to a claim through arbitration and precludes the employee from bringing a class action or from participating in a class action over work-related issues.  After this case, California law also authorizes the enforcement of such waivers.  However, …