May 6, 2016

gbossermanBy Gordon E. Bosserman

I recently attended a seminar at which one session was devoted to workplace violence. This was timely, of course, because it came closely on the heels of the shootings in San Bernardino and only a year or so after the shootings at the Seal Beach hair salon. In California, an employer is required to provide a safe place to work. The employer must also, however, be careful not to reveal information about an employee or former employee that might be construed as defamatory, like warning a prospective employer that an employee was let go because he/she …

January 7, 2016

gbossermanBy Gordon E. Bosserman

Last year, the California Legislature was busy (as usual) adopting new employment laws and tweaking existing employment laws. What follows is a discussion of some of the laws that take effect in 2016 and which have impact on the way California employers conduct their business operations. It is not, however, an exhaustive look at all new or changed employment laws. Unless otherwise indicated, these laws become effective on January 1, 2016.

LEAVES

Last year, the Healthy Workplace, Healthy Families Act was signed into law and required employers to begin providing the

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 …