EMPLOYMENT LAW

Biden Administration: How Employers Can Prepare

What can employers expect next in terms of COVID legislation and oversight? Since President Biden took office, he has signed a number of Executive Orders relating to COVID-19 as well as a detailed, if not ambitious, 200-page National Strategy For The COVID-19 Response and Pandemic Preparedness (the “Plan”). The purpose of [...]

By |2021-02-16T07:27:07-07:00February 16th, 2021|BLOG, EMPLOYMENT LAW|0 Comments

Updated Guidance for Employers re: FFCRA

As we have discussed in previous posts, the 2020 Families First Coronavirus Response Act (FFCRA) was drafted to provide temporary paid leave benefits due to COVID-19. The benefits extended to employees of U.S. employers with less than 500 employees. While the FFCRA leave benefits expired under the original statute on December [...]

By |2021-01-29T12:27:46-07:00January 29th, 2021|BLOG, EMPLOYMENT LAW|0 Comments

2021 Laws Affecting California Businesses

Several new laws went into effect at the start of this year, several of which have a substantial impact on California businesses.  These laws range from Covid-19 policies, minimum wage increases, to expanded leave benefits. Continue reading for highlights of the new laws, effective January 1, 2021. Notification of Potential Covid-19 [...]

By |2021-01-25T10:22:52-07:00January 25th, 2021|BLOG, EMPLOYMENT LAW|0 Comments

Bonuses and Commissions

When companies put their financial interests over employee rights, issues can arise. One common issue relates to bonus and commission earners. As a California employee, you have the right to be paid what you have earned and there are several California laws that protect against the unlawful withholding of bonuses and [...]

By |2021-01-04T12:08:53-07:00January 4th, 2021|BLOG, EMPLOYMENT LAW|0 Comments

Prop 22 and App-Drivers

Over the last year, we have talked extensively about AB 5 and its effect on businesses and workers across California. To recap, AB 5 codified the Dynamex court decision and made the ABC Test for classifying workers as independent contractors the law in California. Many independent contractors were negatively affected by [...]

By |2021-01-04T12:01:35-07:00January 4th, 2021|BLOG, EMPLOYMENT LAW|0 Comments

Wrongful Termination in California

Over the last six months, many people have found themselves without work, and for a number of these workers, their unemployment status is not welcome. During the coronavius pandemic, many businesses have had to quickly cut costs and sometimes, this includes terminating hardworking men and women. While California is an at-will [...]

By |2021-02-16T08:16:22-07:00September 16th, 2020|BLOG, EMPLOYMENT LAW|0 Comments

Re-Opening During COVID-19

As counties are taken off the COVID-19 watch list and state and local governments slowly permit employees to return to work, California employers need to be prepared to protect both themselves and their employees against a myriad of issues relating to COVID-19. In our current climate of uncertainty, those issues can [...]

By |2021-02-16T08:06:14-07:00August 20th, 2020|BLOG, EMPLOYMENT LAW|0 Comments

Misclassification Lawsuit Against Uber, Lyft

In another update to the AB5 independent contractor litigation, the California Labor Commissioner’s Office has recently filed lawsuits against transportation companies Uber and Lyft for committing wage theft by misclassifying employees as independent contractors.  The lawsuits allege that by misclassifying workers, Uber and Lyft failed to meet their obligations as employers [...]

By |2021-02-16T08:04:26-07:00August 16th, 2020|BLOG, EMPLOYMENT LAW|0 Comments

Employee Misclassification in California

The misclassification of workers as independent contractors is a serious and persistent problem nationwide, and certainly in California. A study by the U.S. Department of Labor found that between 10% - 30% of audited employers misclassified workers and that up to 95% of workers who claimed they were misclassified as independent [...]

By |2021-02-16T07:29:46-07:00July 16th, 2020|BLOG, EMPLOYMENT LAW|0 Comments

Webb Law Group Presents at National Business Institute Seminar on HR Law and Wage Issues

On November 5, 2019, Webb Law Group attorneys Lenden F. Webb, Brooke B. Nevels, and Christopher E. Nichols presented at the National Business Institute Seminar on Human Resources Law held in San Diego, California. Webb Law Group attorneys lectured on wage and benefit issues that are commonly experienced by California employees and employers.

Labor Code Violations: Who’s Responsible?

According to California’s Labor Code § 558.1, an employing organization's managers, owners, directors, officers, and agents can be held personally liable for wage and hour violations. While it's true that (under certain circumstances) company employees who are sued may be indemnified by their employers, all companies have the responsibility to follow the law.

By |2019-08-30T23:09:51-07:00July 31st, 2019|BLOG, CALIFORNIA LAW, EMPLOYMENT LAW|0 Comments

Pregnancy and Disability: Know Your Rights

On July 25th, 2011, appellant Ana Fuentes Sanchez filed a First Amendment Complaint against her former employer Swissport, Inc. She alleged causes of action for discrimination based on pregnancy disability, discrimination based on sex, and failure to prevent discrimination. Sanchez accused Swissport of failure to accommodate and engage in a timely, good faith interactive process. Additionally, she alleged retaliation, wrongful and tortious discharge from her position, and intentional infliction of emotional distress. Finally, she claimed that Swissport had engaged in unfair business practices under California Business and Professions Codes, and breach of implied and/or express contract.

By |2019-07-21T17:25:10-07:00July 5th, 2019|CALIFORNIA LAW, EMPLOYMENT LAW|0 Comments

What Makes Someone an Independent Contractor?

On April 30, 2018, the California Supreme Court issued a decision on the Dynamex Operations West, Inc. v. Superior Court of Los Angeles case. On that day, the California Supreme Court reinterpreted and rejected the long-standing “Borello” test. This decision was made in order to grant workers greater rights and to encourage a more worker-friendly labor standard.

By |2019-07-21T17:10:58-07:00June 28th, 2019|BLOG, CALIFORNIA LAW, EMPLOYMENT LAW|0 Comments

California Labor Violations & PAGA

PAGA authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for Labor Code violations. In essence, PAGA deputizes citizens and allows them to pursue penalties against employers on the government’s behalf. It is another avenue for current or former employees to take against an employer for violating CA employment law and offers certain benefits.

By |2019-09-28T00:49:05-07:00March 2nd, 2019|BLOG, CALIFORNIA LAW, EMPLOYMENT LAW|0 Comments

Handling a Breach of Employment Agreement

An employment agreement is a legal agreement documented in writing between an employer and their employee that creates a contract between them and explains the terms of employment. An employment contract may include any of the following: Contact information, including the names, phone numbers, emails, and/or other identifying information of all [...]

By |2019-11-17T23:32:17-07:00May 3rd, 2016|BLOG, EMPLOYMENT LAW|0 Comments

Are Covenants Not to Compete Enforceable in California?

Covenants not to compete, also known as non-compete clauses, are very common and popular additions to employment contracts. These clauses are written by the employer in order to prevent former employees from either working for or starting a similar company in a comparable field. The concept is protection from former employees [...]

By |2019-04-19T12:55:09-07:00April 14th, 2015|BUSINESS LITIGATION, EMPLOYMENT LAW|0 Comments

Employment Law in California

Employment law varies based on state, with each state having its own unique set of laws that apply to its employers that employees would be empowered to familiarize themselves with. Surprisingly, while employment is clearly one of the most important and common things an individual will be involved with, there are [...]

By |2017-03-14T14:25:38-07:00February 12th, 2015|EMPLOYMENT LAW|0 Comments

Have you had a complaint filed against you under the Perishable Agricultural Commodities Act?

The United States Department of Agriculture, through the Perishable Agricultural Commodities Act (PACA), assists individuals and entities in the produce industry by ensuring fair trade practices with respect to the buying and selling of fruits and vegetables. Specifically, PACA assists by facilitating the mediation and/or arbitration of claims, as well as [...]

By |2019-11-18T12:45:17-07:00April 22nd, 2014|BLOG, EMPLOYMENT LAW|0 Comments

More Reasons to Consult a Reputable San Diego Employment Lawyer

Both employers and employees have to grapple with constantly changing labor laws on the federal and state levels. If you've been mistreated or let go from your job without a satisfactory explanation, a one-man crusade against a powerful and influential corporation can only go so far. Meanwhile, even if all employment in California is considered “at-will” (unless otherwise stated), employers still need to tread carefully when terminating employees.

By |2019-11-17T17:00:32-07:00August 2nd, 2013|BLOG, EMPLOYMENT LAW|0 Comments

The Attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a Class Action Complaint Against General Atomics for Alleged Wage & Hour Violations

On March 19, 2013, the employment attorneys at Webb Law Group, APC, and Blumenthal, Nordrehaug & Bhowmik filed a class action complaint against General Atomics for alleged wage and hour violations.  Gray v. General Atomics, Case No. 37-2013-00040131-CU-BT-CTL, is currently pending in the San Diego County Superior Court for the State [...]

By |2019-11-18T13:01:23-07:00July 18th, 2013|CLASS ACTION, Company Updates, EMPLOYMENT LAW|0 Comments

San Diego Employment Lawyer Explains the Importance of Employee Handbooks

Being a business owner in California can be a frustrating experience at times. Not only do you have to worry about keeping your day-to-day operations running smoothly, but you also need to ensure that you are complying with each and every employee-friendly labor law California has to offer. Sadly, many business owners learn the hard way exactly what type of protections California employees are entitled to.  No matter how big or small your business is, you could likely benefit from an employee handbook that clearly and concisely lays out your employment policies and practices.

By |2019-11-17T16:48:10-07:00June 26th, 2013|EMPLOYMENT LAW|0 Comments
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