Articles, news & events

Read the latest news from The Scali Law Firm, including legal alerts and event listings.

When an employee does not qualify for FMLA/CFRA medical leave

Employers shouldn’t neglect their documentation obligations

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When an employee requests a medical leave, a covered employer’s first concern is determining whether the employee qualifies for protected leave under the Family Medical Leave Act and California Family Rights Act. If the employer determines that the employee does not qualify for such leave (for example, the employee has less than a year of service or has not worked the requisite number of hours) the employer may let down their guard and not issue any leave paperwork to the employee. This is a mistake.

Employee communication freedoms

To what extent can an employer limit what an employee says at the workplace?

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Various laws, including the National Labor Relations Act, protect certain employee speech and expression at work. Also, language restrictions may run afoul of discrimination laws. Here are some common situations in which employers must be careful in restricting employee expression.

Employing minors

The steps you need to take

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Employers have very specific requirements to follow to lawfully employ minors, including the proper documentation for a work permit. Here are some of the requirements..

When can employers require pre-employment physicals?

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An employer whose operations include physically demanding work may want to ensure that a job applicant is in sufficient physical shape to safely meet the demands of the position for which he/she is being considered. However, there are substantial restrictions to an employer’s ability to require a job applicant to undergo a physical/medical examination under both the Americans with Disabilities Act and the California Fair Employment and Housing Act.

Pregnancy disability leave

Coffee Break: HR Minute

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In Coffee Break episode 23, Chris and Jennifer review the complexity of pregnancy disability leave in California and compare it to other forms of disability leave.

New restrictions on choice of law

Coffee Break: HR Minute

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In Coffee Break episode 22, Chris and Jennifer explain changes in California law restricting employers' ability to litigate disputes outside of California.

Commission pay plans must separately compensate for rest break time with no offset against other pay

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Yesterday, a California Court of Appeal in Vaquero v. Stoneledge Furniture LLC (Ashley Furniture) found that commission pay plans providing base pay for rest breaks that could be “clawed-back” against future earnings was invalid under California law. Ashley Furniture was sued in a class action by employees claiming that its commission pay plan was noncompliant with California law because it did not properly pay sales employees for rest breaks. The Court of Appeal had two important rulings...

Employee introductory periods

Coffee Break: HR Minute

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In Coffee Break episode 20, Chris and Jennifer discuss the benefits of an introductory period policy for new hires and what considerations should go into the creation of such a policy.

Equal Pay Act obligations

Coffee Break: HR Minute

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In Coffee Break episode 19, Chris and Jennifer explain changes to the Equal Pay Act that could impact your hiring and compensation practices.

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