News & Insights

Some California business owners not aware of the detailed record keeping that is required of them. Under the FLSA, there are certain records every California employer must keep for non-exempt workers. Those include: Your employer needs to preserve payroll records, collective bargaining agreements, sales and purchase records for at least three years. Records on which…

The Fair Labor Standards Act (FLSA), which affect many private and public companies; including those in California, prescribes standards for the basic minimum wage and overtime pay. The FSLA is administered by the Employment Standards Administration’s Wage and Hour Division within the U.S. Department of Labor. The basic requirements of the FLSA include: While the…

In many cases, a potential employee’s family history is a great indicator of predispositions to certain hereditary diseases and illnesses. In a perfect world, this information could assist employers in making hiring, firing, and demoting decisions, potentially affecting a business’s bottom line for the better. However, the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits…

Can employees in California smoke marijuana at their place of work? Or test positive for drug tests? While at least some states (including California) are allowing the use of medicinal marijuana and two more (Colorado and Washington) are allowing recreational marijuana use, federal law does not necessarily agree with its legality. In fact, courts consistently…

As many Orange County business owners should be aware, the National Labor Relations Board continues to focus on the issue of social media in the workplace. While the NLRB routinely gives employees some leeway for what some might consider “unprofessional” social networking etiquette, a recent pro-employer decision indicates that there is in fact a line…

How is an Orange County employer supposed to respond to an employee’s disclosure of a disability? Under the Americans With Disabilities Act (“ADA”), your employer has a duty to make a reasonable adjustment for the employee’s disability – an adjustment or modification that allows the employee to do the job. For purposes of the ADA,…

A law professor who was suspended for allegedly engaging in an angry verbal exchange with a fellow school employee has filed suit against the law school, claiming that the school violated the Americans With Disabilities Act of 1990 (ADA) when they declined to accommodate him for his apparent depression and Asperger’s syndrome. Under the ADA,…

Many Orange County business owners require that employees sign arbitration agreements at the outset of their employment. These agreements state that in the case an employment claim arises, the employer and employee agree to avoid court and head to arbitration to resolve the issue. While certain kinds of claims (such as workers’ compensation claims) must…

With the holidays around the corner, many California employees will be asking for time off to celebrate with loved ones, dressing in the holiday spirit, and generally just enjoying the holiday season. What happens if your employer discriminates against you because you are celebrating a holiday he or she doesn’t believe in? You may have…

Religious discrimination in the workplace involves treating a person (an applicant or employee) unfavorably because of his or her religious beliefs and/or treating someone differently because that person is married to (or associated with) an individual of a particular religion or because of his or her connection with a religious organization or group. California and…