If an employer treats an individual differently regarding job employment due to their age, and especially if someone is wrongfully terminated, it is considered age discrimination and is illegal under both federal and California state law. Unfortunately, age discrimination is a common occurrence as the population and workforce of the United States grow older. However, it is not enough to
Noncompetes, or restrictive covenants, are useful items to have in one’s business toolbox, but only if a business understands how to use them effectively. Generally speaking, in the context of restrictive covenants, the more restrictive the agreement (and, thus, the more protections being reserved by the employer), the less likely the agreement is to be upheld as enforceable under the
One of your law firm’s clients is an ‘on-the-verge-of-success’ biotech Company preparing an IPO. The President of the Company calls you in a panic. JANE, a sales representative, claims her boss, DAVID, the star sales manager, has been hitting on her at sales conferences, inviting her on his boat during business hours and not giving her the same opportunities to
Many clients ask me what happens to their employee health insurance coverage while they’re receiving workers’ compensation benefits. It’s a great question. Because the answer is complicated, you need to pay close attention to the words written on this page. In some cases health insurance will continue to be provided. However, you need to make sure you understand your coverage.
Legal information is complex, and understanding the intricacies of a workers’ compensation claim is no different. I have tried to simplify it in this article, but you’ll need laser-sharp focus to understand the important information that follows. Workers’ compensation laws are designed to cover the expenses of employees who are injured while executing work-related duties. This includes compensation for medical
Because no two injuries are exactly alike and every person heals differently, there’s no hard and fast rule about when you should return to work after a workers’ compensation claim. Assessing when an injured person is fit to return to work should always be done on an individual basis. However, this creates a lot of room for unfair manipulation by
On January 12, 2021, Gov. Mike DeWine signed into law House Bill 352, the Employment Law Uniformity Act. The law becomes effective April 13, 2021 and makes significant changes to Ohio’s framework for addressing workplace discrimination claims as codified in Ohio Revised Code Chapter 4112. In addition to clarifying a number of issues, the law also contains some significant substantive
PAYING MEAL AND REST PERIOD PREMIUMS AT THE EMPLOYEES’ HOURLY RATE California Labor Code Section 226.7 requires that employers pay employees one additional hour of pay at the employees’ “regular rate of compensation” for the failure to provide compliant meal and rest periods. Employers and the Department of Labor Standards Enforcement have always calculated this “premium” at the employees’ regular
One way employers responded to George Floyd’s murder was to institute, reaffirm or enhance initiatives to improve diversity, inclusion and equity in the workplace. That’s great news, of course; diversity is good for everyone. But there is business risk requiring purposeful assessment: can D&I efforts constitute “discrimination” against traditionally favored groups, or at least be construed or weaponized as such,
Age discrimination in employment is unlawful, yet it persists. As the American workforce ages, mistreatment of workers over the age of 40 occurs with alarming frequency in hiring, on job sites, in inequity of opportunity, and in terminations. Thankfully, there are steps that workers who have been discriminated against can take to minimize any negative consequences they are experiencing related
If an employer treats an individual differently regarding job employment due to their age, and especially if someone is wrongfully terminated, it is considered age discrimination and is illegal under both federal and California state law. Unfortunately, age discrimination is a common occurrence as the population and workforce of the United States grow older. However, it is not enough to
Noncompetes, or restrictive covenants, are useful items to have in one’s business toolbox, but only if a business understands how to use them effectively. Generally speaking, in the context of restrictive covenants, the more restrictive the agreement (and, thus, the more protections being reserved by the employer), the less likely the agreement is to be upheld as enforceable under the
One of your law firm’s clients is an ‘on-the-verge-of-success’ biotech Company preparing an IPO. The President of the Company calls you in a panic. JANE, a sales representative, claims her boss, DAVID, the star sales manager, has been hitting on her at sales conferences, inviting her on his boat during business hours and not giving her the same opportunities to
Many clients ask me what happens to their employee health insurance coverage while they’re receiving workers’ compensation benefits. It’s a great question. Because the answer is complicated, you need to pay close attention to the words written on this page. In some cases health insurance will continue to be provided. However, you need to make sure you understand your coverage.
Legal information is complex, and understanding the intricacies of a workers’ compensation claim is no different. I have tried to simplify it in this article, but you’ll need laser-sharp focus to understand the important information that follows. Workers’ compensation laws are designed to cover the expenses of employees who are injured while executing work-related duties. This includes compensation for medical
Because no two injuries are exactly alike and every person heals differently, there’s no hard and fast rule about when you should return to work after a workers’ compensation claim. Assessing when an injured person is fit to return to work should always be done on an individual basis. However, this creates a lot of room for unfair manipulation by
On January 12, 2021, Gov. Mike DeWine signed into law House Bill 352, the Employment Law Uniformity Act. The law becomes effective April 13, 2021 and makes significant changes to Ohio’s framework for addressing workplace discrimination claims as codified in Ohio Revised Code Chapter 4112. In addition to clarifying a number of issues, the law also contains some significant substantive
PAYING MEAL AND REST PERIOD PREMIUMS AT THE EMPLOYEES’ HOURLY RATE California Labor Code Section 226.7 requires that employers pay employees one additional hour of pay at the employees’ “regular rate of compensation” for the failure to provide compliant meal and rest periods. Employers and the Department of Labor Standards Enforcement have always calculated this “premium” at the employees’ regular
One way employers responded to George Floyd’s murder was to institute, reaffirm or enhance initiatives to improve diversity, inclusion and equity in the workplace. That’s great news, of course; diversity is good for everyone. But there is business risk requiring purposeful assessment: can D&I efforts constitute “discrimination” against traditionally favored groups, or at least be construed or weaponized as such,
Age discrimination in employment is unlawful, yet it persists. As the American workforce ages, mistreatment of workers over the age of 40 occurs with alarming frequency in hiring, on job sites, in inequity of opportunity, and in terminations. Thankfully, there are steps that workers who have been discriminated against can take to minimize any negative consequences they are experiencing related
