Rediger Labor LawRediger Labor Law2026-04-09T13:42:56Zhttps://www.rediger.law/feed/atom/WordPress/wp-content/uploads/sites/1204658/2021/12/cropped-Rediger-site--32x32.pngOn Behalf of Rediger Labor Law<![CDATA[Can an at-will employee claim wrongful termination?]]>https://www.rediger.law/?p=474382023-05-04T21:49:24Z2023-05-04T21:24:35ZTerminated at-will employees may claim you violated their rights
While the concept of at-will employment is fairly straightforward, individuals who were at-will employees frequently file lawsuits against their former employers alleging they were terminated for an unlawful reason, such as discrimination. An employer cannot take an adverse employment action (i.e., termination, write-up, layoff, demotion, etc.) against an employee because that person is a member of a protected group under the law. Protected categories under California law include: race, religious creed, color, national origin, ancestry, physical disability, mental disability, reproductive health decisionmaking, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or veteran or military status.
Similarly, employers are prohibited from taking an adverse action against an employee because they engaged in a "protected activity," e.g., filed a complaint with a government agency related to their employment, made an internal complaint regarding their working conditions, or requested a reasonable accommodation from the employer. This kind of conduct can be considered unlawful retaliation.
Sometimes, this causes confusion. For example, an employer might decide to fire an employee because they could not get along with customers or were not as productive as the other workers. The employee may claim they were fired because they were pregnant or had a disability. In this situation, the employee might end up filing a lawsuit alleging wrongful termination, even if they had been informed of the employer's legitimate reasons for termination at the time of separation.
As a business owner, claims of wrongful termination can be concerning - especially when you know your company did nothing wrong. Having strong employment policies and procedures in place and ensuring they are enforced consistently can help protect your company from frivolous claims of unlawful wrongful termination. Knowing your legal options in these situations is wise to help protect and defend your business.]]>On Behalf of Rediger Labor Law<![CDATA[What do you do when an employee alleges discrimination?]]>https://www.rediger.law/?p=474422023-05-04T21:49:56Z2023-02-16T22:55:28ZNo matter what precautions you take to try and safeguard your company and your employees from discrimination and harassment, allegations can still arise.
When an employee complains, you must ensure that the inquiries you make are conducted properly. Despite your best efforts, it can be challenging to understand exactly what should be included in an investigation and how to do it in a way that will legally protect you. Here are some steps you can take in response to an employee complaint.
Speak with all parties involved
Get as many eyewitness accounts of the specific event in question as you can. Talking to the employee who filed the complaint first can help you learn as much as you can about the specifics of what they say happened. Take notes so you have them to refer to when you hear the accused person's version of the story and that of anyone else who might have witnessed or heard something.
Get everything on the record
This involves keeping track of all the interviews you've conducted during your investigation and recording every step you've done. If the employee claims that the interview was unfairly conducted or that there were other things you could have done, having this information will be crucial.
Be neutral
Employees need to feel confident that they can approach you without worrying about retaliation or reprisals. Keep an open mind and be courteous to everyone engaged. This means holding off on making any decisions or judgments until the investigation is over.Handling employee complaints can be difficult and emotive. Seeking some experienced assistance can make the process easier while also making sure you’re protected legally. ]]>On Behalf of Rediger Labor Law<![CDATA[AB 984 Restricts Employers’ Ability to Use Digital License Plates to Track Employees]]>https://www.rediger.law/?p=474072023-05-04T21:50:20Z2022-11-18T06:39:50ZAssembly Bill 984 into law. Effective January 1, 2023, employers will be prohibited from using “an alternative device equipped with tracking technology” to locate, track, watch, listen to, or otherwise surveil an employee during work hours unless such is “strictly necessary” for the performance of the employee’s duties and the employer has first notified the employee of specific items related to the monitoring. An employee also has the right to disable monitoring, including vehicle location technology, outside of work hours. AB 984 imposes civil penalties for a violation, authorizes the issuance of citations, prohibits retaliation against an employee, and vests the Labor Commissioner with the authority to remedy alleged violations of the anti-retaliation provisions of the new law.]]>On Behalf of Rediger Labor Law<![CDATA[Scope of CFRA expanded to include “designated person” effective January 1, 2023]]>https://www.rediger.law/?p=474132022-11-10T22:26:20Z2022-11-10T22:13:03ZEffective January 1, 2023, the California Family Rights Act ("CFRA") will be expanded to include a "designated person" within the category of persons for whom an employee may take time off to provide care. The term "designated person" is defined in the CFRA to mean "any individual related by blood or whose association with the employee is the equivalent of a family relationship." An employee may identify the "designated person" at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.
It is prudent for employers to review their leave policies and procedures and make sure any employees who are responsible for administering employee time off requests are aware of the 2023 CFRA update.]]>by Justin Rediger<![CDATA[California Enacts Workplace Protections for Off-the-Clock Use of Cannabis]]>https://www.rediger.law/?p=474092022-10-09T22:28:10Z2022-10-09T22:28:10ZOn Behalf of Rediger Labor Law<![CDATA[Dealing with a conflict between employees]]>https://www.rediger.law/?p=473892022-09-21T19:47:24Z2022-09-21T19:47:24ZPolicies for reporting
If the conflict includes allegations of discrimination or harassment, the employee must be able to report such to you. Your company must have established policies and practices for employees to report such conduct.
An impartial investigation
Even if you have a good idea of what happened, you still need to conduct a thorough and unbiased investigation. A good investigation will allow you to discover the root cause of the issue and take appropriate disciplinary action if needed.
Disciplinary measures must be lawful
Once an investigation has occurred, you may have no option but to take disciplinary action. When doing so, you need to make sure that you use the appropriate legal channels. A safe workplace benefits everyone involved in the company. If you’re unsure about how to deal with a complex employment issue, seeking legal guidance will help to protect your business.]]>On Behalf of Rediger Labor Law<![CDATA[Non-compete provisions in California]]>https://www.rediger.law/?p=473932022-09-13T21:01:18Z2022-09-13T20:58:57ZNon-compete agreements were largely designed to protect businesses with employees who have unique technical or creative skills and knowledge of the business from taking their knowledge and skills to a direct competitor as soon as they leave. However, often hourly workers in lower-paying industries have been required to sign them. California has banned noncompete agreements except in very limited circumstances. President Joe Biden issued an executive order last year encouraging federal limitations be placed on such agreements as well.
Non-compete agreements are prohibited and unenforceable in California
California has largely prohibited non-compete agreements. Nevertheless, employers sometimes use onboarding paperwork that includes over-broad non-compete provisions. Under California's Business and Professions Code, non-compete provisions may be enforceable only if they fall within the scope of the narrow statutory exceptions concerning 1) the sale of a business's goodwill, ownership interest, or assets, 2) the dissolution of a partnership, or 3) the dissolution of a limited liability company.
Review company policies
It's wise for all businesses to review their employment policies and agreements to ensure that they don’t contain prohibited non-compete language. It can also be helpful to make sure your supervisors are knowledgable about the company's policies so employees are not given inaccurate information that leads them to believe they’re being illegally restricted from working for a competing business if they leave. Having legal guidance as you draft, review and update your employment policies can help you avoid costly legal actions.]]>On Behalf of Rediger Labor Law<![CDATA[Protecting against employment lawsuits with a handbook]]>https://www.rediger.law/?p=473172022-08-22T19:38:16Z2022-08-22T19:38:16ZOutline your policies clearly
You must comply with federal and state anti-discrimination laws. Not only will you need to avoid making decisions based on people's protected characteristics, but you will also need to provide training for your employees so that they don't harass each other. Being clear about your internal policies regarding your harassment-free workplace can help protect your company by giving you grounds to discipline workers who mistreat others. Make sure your policies establish clear reporting avenues so that employees can effectively report claims and such can be investigated appropriately.
Follow your policies
When your company makes it clear that it does not tolerate harassment or discrimination and gives workers ample opportunity to report such issues, you will be in a better position to defend against lawsuits brought by workers who claim you did not protect them. However, having lawful policies isn’t enough; the policies must be followed.
Learning more about California and federal employment laws will help your business avoid litigation based on alleged violations. Having sound legal guidance is also important.]]>On Behalf of Rediger Labor Law<![CDATA[What if an employee wants to report you?]]>https://www.rediger.law/?p=473142023-11-30T08:58:55Z2022-08-09T05:53:13Zlaw and what protections are in place for them. Violating the law can result in serious consequences.
Avoid violating the law with whistleblowers
It’s illegal to take any adverse action or to retaliate against a whistleblower in any way. This includes denying benefits to them, firing, making threats and other similar actions.
It’s also important to know your employees’ rights in these situations. They can:
File an official complaint with OSHA
Report any work-related injury
Request an OSHA inspection
Bring up a health or safety complaint
Access injury and exposure records
Your responsibility as an employer
As an employer, it’s up to you to create an environment where employees feel confident that their rights will be protected. It’s also worth remembering that the law entitles employees to blow the whistle and offers them protection when they do. Retaliating against them in any way can result in serious consequences.
Protecting your business
Knowing the laws and rights related to whistleblowers will help you avoid taking any adverse action against them. It will also ensure that employees feel confident in reporting issues, which will provide you with the opportunity to correct the problem or hazard.]]>by Candice Hanratty<![CDATA[U.S. Supreme Court: Individual PAGA claims can be arbitrated]]>https://www.rediger.law/?p=472982022-07-28T19:48:19Z2022-07-15T18:43:57ZViking River Cruises, Inc. v. Moriana on the issue of whether employers may enforce valid arbitration agreements with employees for claims brought under California's Private Attorneys General Act ("PAGA"). Learn more about PAGA here, here and here.
The Court held that PAGA claims can be divided into individual claims being pursued by the named plaintiff, and representative claims brought on behalf of all other allegedly aggrieved employees. As such, a plaintiff signed to a well-written arbitration agreement can be required to arbitrate their PAGA claims on an individual basis. Once that happens, the remainder of any PAGA claim filed in court (i.e., the claims brought on behalf of other employees that are not allowed to be compelled to arbitration) must be dismissed because the named plaintiff no longer has "standing" to pursue the claim in court.
Is the decision too good to be true for employers? Maybe.
While many employers may be rushing to implement arbitration agreements in an attempt to reduce exposure to PAGA lawsuits, the benefits of the decision might be short-lived. The Court's decision was based on the definitions that currently appear in the PAGA statute. Justice Sotomayor's concurrence expressly acknowledged that the California legislature could simply amend the PAGA statute to allow employees to retain standing to proceed in court on behalf of other employees despite having their individual claims committed to arbitration.
Employers must also consider evolving California law regarding mandatory arbitration agreements.
Labor Code section 432.6 (aka AB 51) is currently in effect even though its legality is still being litigated in the Ninth Circuit. (See Chamber of Commerce of the U.S. v. Bonta). The law prohibits employers from requiring employees to sign arbitration agreements that cover claims under the Fair Employment and Housing Act or the Labor Code (i.e., PAGA claims) as a condition of employment. Under certain circumstances, criminal or civil penalties can be imposed for violating the law. Thus, as long as the is law is still in effect, arbitration agreements purporting to cover PAGA claims would need to be made entirely voluntary.
Before deciding to implement an arbitration agreement with employees, companies should also consider the scope of claims covered by the agreement, the cost associated with arbitration proceedings, and will want to make sure the agreement is drafted to best navigate current federal and California state law. A company should carefully weigh the potential benefits and risks associated with having an arbitration agreement in place before rolling one out to employees.]]>