BERNSTEIN & FRIEDLAND, P.C.

Bernstein & Friedland, P.C. – Los Angeles Employment Counsel – Legal Blog

A Resource for Los Angeles Area Employees and Employers Interested in Wrongful Termination, Discrimination, Harassment, Retaliation, and Unpaid Wage and Overtime News

New California Law Affords More Parents the Right to Take a Job-Protected Leave of Absence to Bond with a New Child

Effective January 1, 2018, the “New Parent Leave Act” will require employers with at least 20 employees to allow employees who have performed more than 12 months of service to take up to 12 weeks of unpaid job-protected leave to bond with a new child within one year of the child’s birth, adoption, or foster care placement provided that the employee has at least 1,250 hours

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December 8, 2017

Why Every Employer Should Have An Employee Handbook – And The Policies That Should Be In There

Whether an employer has one employee or 1,000, having a legally compliant employee handbook is essential.  Particularly in a state like California, where employment-related lawsuits are filed against employers virtually every day, employee handbooks often serve as an employer’s first line of defense against many such claims by demonstrating an employer’s understanding of (and compliance with) the laws they are required to follow. Employee handbooks

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August 16, 2017

CA Supreme Court Holds Employers Must Provide Non-Exempt Employees at Least One Day of Rest Each Workweek and Clarifies Other Day of Rest Rules

The California Labor Code entitles non-exempt employees to at least one day of rest every seven days. Specifically, Labor Code § 551 provides: “Every person employed in any occupation of labor is entitled to one day’s rest therefrom in seven.”  Similarly, Labor Code § 552 provides: “No employer of labor shall cause his employees to work more than six days in seven.” Labor Code § 556 provides an exception to these

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May 18, 2017

CA Supreme Court Holds Employers Cannot Require Employees to be “On-Call” During Legally Required 10-Minute Rest Breaks and Affirms $90 Million Judgment Against Security Company

A few weeks ago, the California Supreme Court in Augustus v. ABM Security Services, Inc. affirmed a $90 million judgment in favor of a class of more than 14,000 security guards, finding that their employer failed to provide legally compliant 10-minute rest breaks where the guards were required to remain “on call” during their breaks – they needed to keep their radios and pagers on, remain vigilant,

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January 4, 2017

New Year, New Employment Laws for California Employers

The California Legislature, local city councils, and other lawmakers have been busy over the last several months passing a number of laws that will impact the employment landscape.  Below is an overview of some of the key changes to be aware of as we head into 2017: 1.  New I-9 Form:  By January 21, 2017, employers must start using a new I-9 form prepared by the U.S.

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January 3, 2017

New CA Case Holds That Employer Should Have Accommodated Employee’s Scheduling Needs So That He Could Care For His Disabled Son

Does an employer need to reasonably accommodate an employee’s shift scheduling requirements to enable the employee to tend to the medical needs of his son?  The court in Castro-Ramirez v. Dependable Highway Express, Inc., 2 Cal. App. 5th 1028 (Aug. 29, 2016), answered that question “yes.” In this case, the plaintiff had informed his manager upon hire that he had daily obligations at home related to

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September 19, 2016

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