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March 2018 Archives

Bill would ban discrimination against medical cannabis patients

As you may know, California's legalization of recreational cannabis use does not prevent employers from enforcing drug-free workplace policies. Employers may decline to hire job applicants or fire employees who test positive for cannabis.

Why a durable power of attorney should be part of your estate plan

A common misconception is that estate planning is only about what happens to your property after your death. The financial or durable power of attorney is an aspect of estate planning that can help manage your affairs while you are still very much alive. Giving a trusted person your power of attorney creates the legal authority for that person to step in and manage your money and related affairs should you become incapacitated.

Court says Grubhub driver is independent contractor, not employee

Here at Duggan Law Corporation, we advise California employers about classifying workers as either independent contractors or employees. The answer is significant to both parties because if the person is an employee, he or she is subject to applicable California and federal labor and employment laws governing overtime, minimum wage, workers' compensation eligibility and more.

California law bans employer immigration-related retaliation

As we discussed in a previous post, new California employer responsibilities that took effect on January 1 require valid warrants, subpoenas or court orders of federal immigration personnel before allowing access to workplaces and employee records. In addition, existing California law forbids employers from taking intimidating actions against employees related to immigration status, including threats to report workers or their family members to immigration authorities.

#MeToo Movement: Workplace Sexual Harassment Prevention Training Is As Important As Ever

The #MeToo movement has brought a heightened awareness to the prevalence of sexual harassment. In California, larger employers are legally responsible for providing sexual harassment prevention training to supervisors. As of January 1, 2018, California law expanded this training to include gender identity, gender expression and sexual orientation.

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