Scott Shibayama, Esq., Author at Vision Law

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Employee disputes and claims are landmines scattered throughout the business and employment world in California. Which would you rather prefer, an expert to help you safely navigate the field or a surgeon to limit the damage when one goes off under you…if he can? This article outlines our experience with California employment law claims and prevention and how you can benefit from it, including:  How we assess the validity of wage-hour and other employment claims.  Our approach to negotiations and settlement discussions with employees.  What…Read More

Firing an employee can be a moment of deep awkwardness and of even greater legal danger. In California, small business owners every day run into problems because of how, why, or under what conditions they let go of one or more employees. This article is your guide to firing or “terminating” employees in California while maintaining compliance with all laws and regulations, including: Valid and invalid reasons for firing an employee in California.  The requirements for severance pay and wait time penalties after you let…Read More

Life is not always easy as an employer in California. Businesses are tough enough to run without all the traps and pitfalls you can all too easily fall into when it comes to your employees and state regulations. This article dives into several of these risks and challenges, including:  Navigating Non-Compete Agreements And Trade Secrets Dealing with disabilities, employment classification, and benefits.  Guidelines for fair employee evaluations to keep you out of trouble later.  Each of these pitfalls might at first seem innocent enough or…Read More

Avoiding harassment in the workplace is vital to protect your employees, but also to shield yourself. Despite your best efforts, however, harassment can occur beyond your control, or employees can bring claims against you for perceived or invented slights. This article explains how you can protect yourself against such claims, including:  The policies and procedures you should put in place to protect yourself from discrimination claims.  How to handle discrimination or harassment claims under California law. The possible resolutions for a discrimination or harassment claim…Read More

Every day, businesses across the State of California face frivolous or harmful lawsuits from employees. Small businesses, who cannot afford large-scale compliance efforts and struggle with record keeping, are the most vulnerable to these abuses. This article explains: Why employee claims and lawsuits against employers are so common in California. What form these claims take, and how to avoid the most common types of lawsuits. One easy-to-implement solution that can double your company’s defenses against employee claims. Why Are Employee Claims And Lawsuits So Common…Read More

An “off the clock” claim occurs when the employee claims more time worked that what appears on their daily time record. The time records show one thing but the employee claims they worked more hours. Sometimes those “off the clock” hours result in an overtime claim. And believe it or not as a California employer you are at risk of such “off the clock” claims, particularly if you don’t have appropriate written time keeping policies in place and enforce them. In a recent case the…Read More

California Family Rights Act (CFRA)SB 1383 This is California’s equivalent to the federal Family Medical Leave Act (FMLA).  California has now significantly expanded its CFRA: Covered “Employer” Expanded – CFRA used to apply only to employers with 50 or more employees.  This now applies to employers with at least 5 employees. Covered Family Members Expanded – The CFRA allows eligible employees up to 12 weeks unpaid leave to care for certain family members. Employees must be employed for at least 12 months and worked at least 1250…Read More

Since 2012, California businesses have been hammered by adverse compensation rulings. Incentive compensation plans have been under fire. It seems the California legislature (and courts) think everyone should be paid solely on an hourly basis. Finally California employers have an court opinion that supports incentive-based compensation. But first the background. California Minimum Wage Obligations/Challenges To Same. California law says, “Every employer shall pay to each employee . . . not less than the applicable minimum wage for all hours worked in the payroll period, whether…Read More

Or round up to the nearest minute, lest one of your employees claims you failed to pay them for all hours worked. I’ve been preaching for a while that employers should get an electronic time keeping system and pay non-exempt employees to the minute. Based on the recent California Supreme Court ruling (Troester v. Starbucks Corp.) California employers would be wise to consider paying hourly employees to the second, or round up to the nearest minute when paying hourly employees. Here’s why. Troester Was Not…Read More

Summary: LC 1182.12 Reminder CA Minimum Wage Goes Up January 1, 2018 Time To Redo Your Job Applications AB 168 California Employers Cannot Ask for Salary Information or Rely On Salary Info In Hiring Decision or Salary Decision AB 1008 California Employers Cannot Ask For Any Conviction History On Application SB 63 California Employers With 20+ Employees Must Allow Parental Leave SB 450 California Employers Now “Sanctuary Workplaces” Whether They Like It Or Not SB 490 California Employers Employing Barbers, Cosmetologists, Estheticians Now Subject To Unique Minimum Wage Law SB 306 Ever…Read More

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