"There is no true liberty to contract on the part of the employee."
Our client apparently did not deserve a full paycheck because, according to his supervisor, he was "only half a man" after his work-related injuries.
The Trump administration has just instituted a freeze on hiring of federal employees, as the Washington Post reports, with the exception of military service members. This action comes via executive order and is in line with what Trump said he'd do while campaigning, which was "drain the swamp." The Post quotes Trump's press secretary Sean Spicer: "We've got to respect the American taxpayer."
"Choice of Law"
This may sound like a dry topic; it's anything but, especially when your back is up against the wall in an employment dispute. The issue is venue - as in, where disputes get resolved, and how one decides on that location.
This month brought a major win for undocumented immigrants and civil rights activists in California. AB 2159 was signed into law by Gov. Jerry Brown on Aug. 17, which effectively blocks a plaintiff's immigration status as admissible in court during personal injury and wrongful death cases. Regardless of a person's immigration status, this law ensures a greater measure of justice for undocumented workers.
Under California Assembly Bill 1513, signed into law by Gov. Jerry Brown in 2015, any employer paying their workers on a piece-rate scale are required to pay for breaks and other "non-productive" time, at or above the state's minimum wage floor of $10/hour. (The law predominantly affects agribusinesses, salons, spas and other businesses with a tradition of paying employees on a piece-rate basis.)
Throughout the course of American history, workers have sought fairness - in workplace conditions, in the number of hours on the job, and in their wages. This holds true for workers in all jobs, and for workers of all types, from teens to young adults to mid- and late-career workers.
If you work in Human Resources - or you've ever been in a leadership role where part of your job duties include hiring and firing - then you know how tricky navigating the world of employment law can be. Myriad issues go into hiring practices (and employment in general). Do it wrong, handle problems poorly, or simply face a situation that goes south, and you can find yourself facing a lawsuit.
The annual KQED News "California Report" has spelled out the most important new state laws for 2015 (based on the opinion of its editors). Most important and/or interesting, according to KQED. Bearing in the mind the inherent subjectivity of such a list, it is fair to say that at least a few of these laws will have an impact on Girardi | Keese clients. They run the gamut from employment to sports-related injury to assisted living.
This McClatchyDC special report ("Contract to Cheat") is the result of a year of investigative reporting in seven states, including California, in an effort to uncover the widespread practice of classifying workers as independent contractors when they probably should be classified as employees.