Do I Need a Lawyer? What to Look for When Hiring a Lawyer

You didn’t see it coming and it knocked the wind out of you.  You were furloughed.  You were fired. Your employee sued.  You did exceptional work and your client refuses to pay. Someone took advantage of your kindness, your flexibility, your willingness to help.  You were sexually harassed.  You were fired.  You were treated poorly, taken advantage of, and it shook you to the core. Your emotions cycle between confusion, hurt, and anger. You may even feel shameful and embarrassed that you found yourself in this situation. At some point you wonder if it’s your fault and how could you have kept this from happening? But then you realize it’s not your fault and that you should do something; you need to do something.  But you don’t know what to do.  Someone you trust, perhaps your father, your spouse, sibling, or a friend, said you should talk to a lawyer. But you’ve never hired a lawyer before and you don’t see yourself as the type of person who hires a lawyer. It feels so aggressive and just the thought of … Continue reading

In: California Civil Litigation, Employment Law, Hiring a Lawyer, Starting a Business, Uncategorized | Leave a comment

New Law 2018 – Parental Leave Requirement Expanded to Smaller Employers

If your business employees 20 to 49 employees, you must prepare for a significant change that many small businesses deem a significant burden – job-protected parental leave.  On October 12, 2017, Governor Brown approved SB 63, which expands the leave requirements of the California Family Rights Act (CFRA) to employers who employ at least 20 employees within a 75 miles (down from the threshold of 50 employees).  If your company does not have a parental leave policy, or has one that does not meet the requirements of the new law, the next couple of months is the perfect time to create one, updated your employee handbook, and establish a contingency plan on how you will cover for employees who may take anywhere between 3 to 7 months of leave. Here is a short outline of the new Government Code Section 12945.6’s requirements: Employers with at least 20 employees within 75 miles of the worksite must now do the following: 1. Provide up to 12 weeks of parental leave to an employee who has worked for the employer for more than 12 … Continue reading

In: California Leave Law, Employment Law, New Laws | Leave a comment

New Law 2018 – Pay Privacy

“What did you make at your last job?” will be an illegal question when asked of a job candidate in 2018.  California’s Governor Jerry Brown signed AB-168, the salary privacy bill, into law on October 12, 2017.  The law goes into effect on January 1, 2018, and applies to all California employers regardless of size and whether they are in the private or public sector. There are three main parts to the new Section 432.3 of the California Labor Code: An employer shall not rely on an applicant’s salary history as a factor in determining whether to offer employment to an applicant or what salary to offer an applicant. An employer shall not, in any way, either directly or indirectly through third parties, seek an applicant’s salary history information (compensation and benefits). An employer, upon reasonable request, shall provide the pay scale for a position to an applicant applying for employment. However, employment applicants may voluntarily disclose their prior salary history (without prompting), in which case, the employer may use the voluntarily provided salary history in determining that applicant’s salary.  … Continue reading

In: Employment Law, New Laws | Leave a comment