Employment Law Notes


Counsel to the Construction Industry
  • New California Antidiscrimination Laws Effective April 1, 2016

  • New California Employment Laws for 2016

    New California Employment Laws for 2016

  • The Story of the Lucky Contractor Who Escaped Liability for Using “1099 Employees”

    The Story of the Lucky Contractor Who Escaped Liability for Using “1099 Employees” By Daniel F. McLennon Owner stiffed our friend, General Contractor, or GC for short, out of about $95,000 at the end of a $1.5 million project.  GC recorded his lien and sued Owner for payment.  Owner’s clever lawyer, we will call him Lawyer for ...

  • Mandatory Paid Sick Leave: Is Your Company Prepared?

    Mandatory Paid Sick Leave: Is Your Company Prepared? By Christine Lee Beginning July 1, 2015, the Healthy Workplaces, Healthy Families Act of 2014 (HWHFA) requires all California employers to provide paid sick leave for all California employees who work at least 30 days in a year at a minimum accrual rate of one hour for every 30 ...

  • Danger: Misclassifying Employees Can Lead to Huge Liability!

    Danger:  Misclassifying Employees Can Lead to Huge Liability! By Christine Lee Paying your workers and laborers as independent contractors?  Avoiding paying overtime just because certain employees are on salary?  Think twice.  These employment practices could potentially end up being the most costly—in the hundreds of thousands of dollars–mistakes your business could experience. California law presumes that all employees ...

  • Injured, Undocumented Worker Pursuing Discrimination Claim May Recover Lost Wages Despite Employer’s Discovery of Illegal Status (2014)

    Injured, Undocumented Worker Pursuing Discrimination Claim May Recover Lost Wages Despite Employer’s Discovery of Illegal Status (Salas v. Sierra Chemical (2014) 59 Cal. 4th 407) By Christine Lee   Injured worker filed a wrongful termination and disability discrimination lawsuit against his employer alleging he was unlawfully terminated because he filed a workers’ compensation claim.  The employer discovered for the first ...

  • Prevailing Wage Law Does Not Apply to Permanent Offsite Material Fabricators on Public Works Projects (2014)

    Prevailing Wage Law Does Not Apply to Permanent Offsite Material Fabricators on Public Works Projects.  Sheet Metal Workers Int’l. Assn. Local 104 v. Duncan (Russ Will Mechanical, Inc.) (2014) 229 Cal. App. 4th 192 By Christine Lee The California Court of Appeal recently clarified that the prevailing wage law does not apply to employees of a   ...

  • New California Employment Laws for 2015

    Below are summaries of some of the most important new employment laws that Governor Brown signed into law this year.  Each of the summaries is brief, focusing on the gist of the bill, while some of the bills have additional provisions that are not mentioned.  Links are provided to the full text of each of ...

  • Employers Get A Qualified Win In Cases By Terminated Employees Where Employer Has Legal Basis for Termination Mixed with Illegal One (2013)

    Employers Get A Qualified Win In Cases By Terminated Employees Where Employer Has Legal Basis for Termination Mixed with Illegal One (2013) Harris v. City of Santa Monica (2013) 56 Cal.4th 203 By Christine Lee The California Supreme Court has made it harder for employees to prevail in cases where the employer has a legitimate reason to terminate ...

  • New California Employment Laws for 2014

    New California Employment Laws for 2014 In 2013, Governor Brown signed into law several important bills that significantly impact the landscape of employment law.  Below are summaries of some of the most important new employment laws.  For summaries of new laws affecting contractors in 2014, please visit our Construction Law Notes page.  Each of the summaries ...

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