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Employment Law Archives

Employee or contractor? Court watchers get whiplash

In March, we wrote about a new federal case interpreting California employment law on the question of whether a worker should be classified as an employee or an independent contractor. As we described, in that case about a Grubhub driver, the court found that under California's Borello test, Lawson, a driver who delivered food to Grubhub customers, was an independent contractor largely because Grubhub did not have the degree of control over his work that an employer would have.

Court says employer is not required to provide indefinite disability leave

The U.S. District Court for the Southern District of California issued a decision on February 2 that provides instruction for California employers on a unique situation: Whether an employer must continue to renew multiple requests for ongoing medical leave for total disability when there is no indication of when the employee will be able to return to work.

What does it mean for employers to make reasonable accommodations?

Numerous state and federal laws prohibit discrimination and harassment in the workplace based on protected worker characteristics such as disability. Employers are also required to make reasonable accommodations in the workplace for employees with physical or mental disabilities.

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.

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.

How Should Employers Handle Workplace Romances?

In light of the #MeToo movement, office romances may seem like they are quickly becoming a thing of the past. But even if the number of people in workplace relationships is gradually decreasing, it is still far too high for employers to ignore.

Bill would extend time to file state sexual harassment complaints

California, along with the rest of America, is experiencing an explosion of awareness about sexual harassment in the workplace, as more people come forward to publicly report their own stories. Employers of all types and sizes in the state are understandably concerned about protecting their own employees and keeping their workplaces in compliance with state and federal laws against illegal discrimination and harassment.

California employers to protect immigrant workers under new law

In recent weeks, we have been sharing information about new California state laws that will enhance the legal duties of employers toward their employees in a variety of areas. One unique law requires employers to provide certain protections to employees against federal immigration authorities.

New California employer responsibilities in 2018

At Duggan Law Corporation, we advise employers of their legal responsibilities. One of those responsibilities is to prevent and stop illegal discrimination and harassment. Beginning in 2018, a new law expands those duties as they concern lesbian, gay, bisexual, and transgender employees.

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