On-call Rest Periods: Augustus v. ABM Security Services, Inc.

Late last year, in a controversial, split decision, the California Supreme Court ruled that employers cannot require employees to remain “on-call” during rest periods, and that state law prohibits both on-duty and on-call rest periods. BACKGROUND The relevant facts are as follows. The plaintiffs, including named plaintiff Jennifer Augustus, … [Read more...]

California Severely Limits The Use of Choice of Law and Venue Provisions in Employment Contracts

Starting January 1, 2017, California Labor Code, Section 925 generally prohibits choice of law or venue provisions in employment contracts for California employees. Section 925 provides as follows: (a) An employer shall not require an employee who primarily resides and works in California, as a condition of employment, to agree to a provision … [Read more...]

Uber Drivers: employees or independent contractors?

Uber recently announced a class action settlement for California and Massachusetts drivers involving a monetary payment of up to $100,000,000. This lawsuit was the first of several class action lawsuits against Uber. WHY ARE DRIVERS SUING UBER? The recently settled lawsuit primarily focused on how Uber classifies its drivers. Uber … [Read more...]

FIVE WAYS YOUR EMPLOYER MAY BE USING ILLEGAL SURVEILLANCE

Employers often will review   or eavesdrop on employee communications, especially if they suspect their employees are engaging in wrongdoing. Employees generally have minimal privacy rights in communications that take place at work or on work-issued computers and cellphones. Below are five ways employers can legally (and illegally) spy on their … [Read more...]

CAN MY EMPLOYER ASK ME FOR ACCESS TO MY FACEBOOK, TWITTER, AND OTHER PERSONAL SOCIAL MEDIA ACCOUNTS?

California law restricts your employer from asking you to provide access to private information stored in your Facebook, Twitter, and other personal social media accounts.  The law generally makes it illegal for employers to request or require current employees (job applicants) to: disclose their usernames or passwords in order to access their … [Read more...]

WHAT IF I AM ASKED AN INAPPROPRIATE QUESTION DURING A JOB INTERVIEW?

As discussed in a previous post, California law prohibits employers from asking non-job related questions that may lead to discrimination as to race, religious creed, color, national origin, ancestry, citizenship, physical disability, mental disability, medical condition, marital status, gender, pregnancy, age, or sexual orientation. Employers … [Read more...]

What can an employer ask during a job interview?

California law prohibits employers from asking non-job related questions that may lead to discrimination as to race, religious creed, color, national origin, ancestry, citizenship, physical disability, mental disability, medical condition, marital status, gender, pregnancy, age, or sexual orientation.  Basically, employers should only ask questions … [Read more...]

Is My Job At-Will?

Most California jobs are at-will.  As discussed in a prior post, at-will means employees can be fired at any time, for almost any reason – regardless if the reason is true or valid — or for no reason at all. If you are unsure whether your job is at-will, start by reviewing your employment contract, employee handbook, and any other paperwork … [Read more...]

What is At-Will Employment in California?

California law provides little job security to at-will employees. At-will employment means that employers can terminate (i.e. fire) employees at any time, for almost any reason – regardless if the reason is true or valid — or for no reason at all. Employers can lawfully fire employees for almost anything: employers don’t like them, find them … [Read more...]