Estate Planning is Essential for Blended Families || With divorce and remarriage rates as high as they are in the United States, blended families – those in which one or both spouses have children from a prior relationship – have become increasingly common. According to some estimates, they may even outnumber traditional nuclear families.
Keep Your Estate Plan Up to Date With Regular Maintenance || Once you have written your will, it may be tempting to file it away and forget about it forever – especially if it was difficult to face the task of writing a will in the first place. While it is entirely normal to feel some discomfort around the topic of estate planning, it is important not to completely forget about it once your initial estate plan is in place.
Employers in California Should Take Precaution When Using Rounding Methods for Paying Their Employees || It is customary for many employers to use a timekeeping system to track the hours worked by their employees. Such systems may include a computer, a “punch-machine,” or sometimes the employees will even write their hours and submit it to their supervisors at the end of the workweek. Employers in California sometimes will round their employees’ time when computing their time for their time worked, even if their “time system” will record the actual minute when they started or ended their work.
An employee has a cause of action for wrongful termination against his or her employer, if the termination breaches one or more terms of the contract of employment, a statute or a provision in employment law. The employee may claim wrongful termination, if the termination was based on discrimination, retaliation, an employee’s refusal to commit an illegal act, or if the employer is not following its own termination procedures. A wrongful termination claim can lead to two main remedies: reinstatement of the dismissed employee, and/or monetary compensation for the wrongfully terminated employee.
New Law Gives Employees Greater Access to Their Personnel Files || Prior to 2013, the California Labor Code section 1198.5 only required employers to permit employees to inspect their personnel records relating to the employee’s performance or to any grievance concerning the employee within a “reasonable time” after a request. The existing law also limited the rights of former employees to inspect their personnel files subject to conflicting interpretations.
Obese Employees Are Less Likely To Prevail Against An Employer For Discrimination Based On Disability In California || Private employers are generally free to deny or terminate employment, unless the employer somehow discriminates on the basis of race, national origin, alienage, age, sex, or disability. The Fair Employment and Housing Act (“FEHA”) prohibits such employment discrimination. In regards to disability, FEHA also prohibits employment discrimination on the basis of medical conditions, mental disabilities, and physical disabilities. Many courts have held that physical disabilities include severe eyesight problems, back conditions, polio, wrist injuries, high blood pressure and hypertension, hypersensitivity to tobacco smoke, HIV and AIDS, hepatitis, epilepsy or seizure disorder, clinical depression, multiple sclerosis, and heart disease.