How Can I Complete an I-9 Form for a Remote Employee?

When hiring a new employee, or converting an employee from an independent contractor to an employee, the company must complete an I-9 form in person, within three days of hire, to establish the employee's authorization to work in the United States. For remote employees who are far from the nearest office, this can pose a …

What You need to Know about Converting Independent Contractors to Employees under California AB-5 – #GIGeconomy

On September 18, 2019, California Governor Gavin Newsom signed into law A.B. 5, solidifying a tighter standard of rules for classifying a worker as an independent contractor. The new standard, known as the Dynamex standard, codifies and expands the earlier California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court of Los Angeles. It  replaces the former Borello test, and …

BREAKING NEWS: Many Workers Now Classified as Employees, Not Independent Contractors

On September 18, 2019, California Governor Gavin Newsom signed into law A.B. 5, codifying a tighter standard of rules for classifying a worker as an independent contractor. The new standard, known as the Dynamex standard, codifies and expands the earlier California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court of Los Angeles. It  …

Deadline Changed on Time to Comply with California Anti-Harassment Training

On September 3, 2019, Governor Gavin Newsom signed Senate Bill (SB) 778 to extend the deadline for employers to complete their Sexual Harassment Prevention Training. The deadline has been extended by a full year, from January 1, 2020 to January 1, 2021. The new bill also allows covered employers who have provided anti-harassment training in …

Jennifer Grady Navigates Tricky Legal Situations in the Workplace on AutoVitals Digital Shoptalk Radio

On September 4, 2019,  Jennifer Grady, Esq. was featured on episode 31 "Legally Speaking: Handling Tough Legal Situations" of The AutoVitals Digital ShopTalk Radio, with host Tom Dorsey, to discuss a myriad of legal situations that can arise in a workplace from Sexual Harassment to record-keeping and what new business owners and employers need to know to …

Jennifer Grady Discusses How to Prevent Sexual Harassment Lawsuits “Remarkable Results Radio”

On August 9, 2019, Jennifer Grady, Esq. was featured on episode 456 of The Remarkable Results Radio, with host Carm Capriotto, to discuss Sexual Harassment in the workplace and what employers can do to prevent it. Key Talking Points During the radio show, Jennifer and Carm discussed important points on sexual harassment in the workplace …

Sexual Harassment Training Requirements by State

As the #MeToo movement has grown over the past two years, and claims against powerful individuals continue to surface in the media and on social media, employers and companies need to adjust their response polices as one thing is clear: sexual claims are very real, very expensive, and very destructive. The following cases are real-world examples of …

Is Your Company Prepared for an I-9 Audit? What to Expect During and After a Visit from ICE or DHS

While immigration enforcement and oversight have occurred under the purview of all past presidents, the Trump Administration has publicly made them a leading policy priority.  Immigration raids and detentions at the border are the most visible aspects of this policy, but administrative oversight of employment documentation has also increased and will likely have the greatest …

All California Employers with 5+ Employees Must Provide Sexual Harassment Training by 2020, Even if Trained in 2018

On September 30, 2018, Governor Jerry Brown signed into law S.B. 1343, which now requires that employers with 5 or more employees in California provide 1 hour of sexual harassment and abusive conduct training to non-managerial employees, and 2 hours for managerial employees once every two years. Managerial employees must receive training within 6 months …

Has Your Company Been Reimbursing its Employees for Personal Cell Phone Use on the Job?

by Jennifer A. Grady, Esq. Since January 1, 2016, California employers must reimburse employees for use of their personal cell phones for mandatory business purposes.  (Cochran v. Schwan’s Home Service, Inc). This ruling affects millions of employers who must update their company policies in order to stay compliant with the new law.  While this law …

Updates to California Labor Law Posters

Stay up to date with recent changes to California labor law posters!  In order for your business to stay in compliance with these recent changes, the updated posting(s) must be downloaded, printed, and then posted next to your current labor law poster. Remember, labor law posters must be posted in a conspicuous location so that …

Jennifer Grady, Esq. Speaks at San Diego Global Investment Forum on Immigration Options for Investors, Entrepreneurs, and Global Employees

Jennifer Grady, Esq. has been invited to appear as a panelist at the San Diego Global Investment Forum in sunny San Diego, California.  This event, which will took place on September 19-20, 2018, is hosted by the San Diego Global Partnership.  As part of the panel on "Foreign Direct Investment," Ms. Grady shared her expertise …

Additional Employer Requirements Under San Francisco Paid Parental Leave Ordinance

In California, employees can apply for paid family leave (PFL) benefits administered through the California’s Employment Development Department (EDD).  These PFL benefits are funded through employee-paid payroll taxes, and provide eligible employees with six (6) weeks of partial wage replacement.  No state-wide law requires that employers offer paid parental leave. San Francisco, however, has enacted …

California Labor and Employment Updates for 2018

The California Legislature has passed the following labor and employment bills, which will become law effective January 2018. PRIOR SALARY AND PRIOR CONVICTIONS Salary History Information AB 168 prohibits employers from asking job applicants for “salary history information,” which includes both compensation and benefits.  But where an applicant “voluntarily and without prompting” discloses salary history …

Plaintiffs Given Broad Access to Discovery in PAGA Suits by California Supreme Court

by Grace Lim-Ayres, Esq. On July 13, 2017, the California Supreme Court in Williams v. Superior Court (Marshalls of CA, LLC) issued an opinion addressing the scope of discovery in representative actions brought under PAGA (Private Attorneys General Act of 2004, codified in Cal. Lab. Code § 2698 et seq.).  The Labor Code Private Attorneys …