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Employment Law Archives

Intersection between 'ban-the-box' law and negligent hiring claims

Since January 1, 2018, California has had a "ban-the-box" law that prohibits most employers in the state with five or more employees from asking in the initial stages of the onboarding process whether job applicants have had criminal convictions. We discussed the law in detail in an earlier post.

Respondeat superior in California courts (Part 2)

In Part 1 of this post, we introduced the December 2018 case of Moreno v. Visser Ranch, Inc., in which a California appellate court addressed issues of employer liability for losses or injuries caused by an employee when he or she was acting within the scope of employment; specifically, in that case, the employer had allowed an employee to use its company vehicle for business and personal reasons and the employee got into an accident leaving his passenger son inured. The son sued, among other parties, his father's employer, who owned and insured the vehicle he was in when the accident happened.

California employer liable for employee driving company vehicle while using vehicle for personal use (Part 1)

A recent California court decision raises important issues for employers who allow their employee to use company vehicles for personal reasons. In Moreno v. Visser Ranch, Inc., an employer allowed its employee to use a truck it owned and insured for both business and personal travel. Employee Ray Moreno was required to be on call 24/7 to respond immediately to cell phone calls and maintenance needed at all times at the ranches, farms and dairies operated by the employer.

Study shows older-worker job losses more damaging than thought

At our law firm, we advise California employers on how to comply with state and federal laws against age discrimination. Last summer, we posted in this space about a class-action lawsuit alleging that social-media advertising for job openings that only display in the feeds of workers under a certain age are discriminatory based on age. Those in the employment law field are still waiting for this decision to understand its implications.

California noncompete-clause ban now has narrow exception

California law is serious about protecting employees within its borders. To that end, Labor Code section 925, which became effective in 2017, explicitly provides that an employer, as a condition of employment, may not force employees who primarily work and reside in California to agree to resolve legal disputes arising out of their employment in California, in courts of a different state. The statute also provides that an employer may not deprive an employee of a "substantive protection" of state law in any dispute arising here.

An introduction to wrongful discharge of California employees

At our law firm, we provide advice to a wide variety of Northern California private and public employers about the employee-employer relationship, including under what circumstances it may be illegal under state or federal law to fire someone. It is wise for employers to have some basic understanding of the laws related to wrongful termination as employer-employee relationships begin and evolve.

California expands employer sexual harassment training programs

At Duggan Law Corporation, we provide training services to Northern California employers so that they can comply with state law requirements. The focus is to provide sexual harassment training to supervisors every two years for employers with more than 50 employees or contractors. As we discussed earlier this year, a new 2018 requirement requires this supervisor training to include issues related to gender expression, gender identity and sexual harassment.

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