As tempting as it may be for an employer to just throw all documentation pertaining to an employee into one personnel file, numerous legal reasons exist why certain records need to be separated from others, such as privacy, discrimination, and HIPPAA obligations.

Although employers are generally aware that they must provide reasonable accommodations for disabled employees, which could include modified work duties, leaves of absence, or reduced schedules, there is an additional obligation that is often overlooked: the obligation to engage in the interactive process. In fact, under the Fair Employment and Housing Act, the failure to engage in the interactive process creates an entirely separate legal claim.

Unpaid internships are often a mutually beneficial arrangement in which the intern gains valuable experience and training and the business can vet potential future employees. However, employees must be careful that their unpaid interns are not deemed to be employees.

California law specifies what must be included on employee wage statements or paystubs, which includes an employee’s “total hours worked.” But how does an employer comply when an employee is in an exempt position that is not required to record hours worked? Now the legislature has provided some clarification on this.

This article addresses a buyer’s conditions to closing in a dealership asset purchase agreement. Buyers should carefully review and negotiate these provisions, which can materially affect whether they should or will commit to a purchase. If one or more buyer conditions are not satisfied or waived before the closing, the buyer typically has the right to walk away from the deal, without having any remaining liability (unless a separate provision of the agreement creates such liability).

The term “leave of absence” is usually associated with a long period of time during which an employee is continuously absent. So employers may not realize that “intermittent leave,” (i.e., short periods of time-off or a reduced schedule) that an employee requests for a serious health condition may qualify for leave protection under the Family Medical Leave Act and the California Family Rights Act.

When an employee takes time off of work for a disability related to pregnancy or childbirth, multiple protected leaves of absence are in effect. But employers should be aware that pregnancy disability leaves offer more protections to employees in some important ways.

It is not uncommon an employer operating in multiple states to require its employees who live or work within California to litigate any employment-related disputes outside of California under the law of a different state. Now, that’s no bueno. Employers cannot require employees who live and work in California to agree, as a condition of employment, to litigate or arbitrate outside of California claims that arise in California, or to apply non-California law to a controversy arising in California.

Under the California Labor Code, if you employ 25 or more employees, you must provide time off and other accommodations to employees who are victims of sexual assault, domestic abuse and stalking. Learn more about the new notice requirements and your obligations under this law.

Last week, the California Supreme Court reversed the Court of Appeal in Augustus v. ABM Sec. Srvs., Inc., holding that “on duty” and “on call” rest periods are against California law under Labor Code section 226.7 and ICW Wage Order 4. While this Wage Order is not applicable to dealership employees, they fall under Wage Order 7, which contains the same rest break provision. Therefore, this case highlights how the Supreme Court may rule on rest breaks for dealership employees. The rule is: (1) For a rest break to be proper employees must be relieved of all duties and the employer must relinquish any control over the employee (but, requiring them to remain onsite does not establish control), and (2) requiring employees to be on call (even if you are not usually called) does not relieve them of all duties.