InnovaCounsel Blog

Terminating an Employee

Firing or laying off an employee can sometimes cause issues in the workplace. It can bring down productivity and morale or even cost the employer a lawsuit if it is handled improperly. In-house attorneys can help make this process go … Continue reading


2010 Employment Law Updates, by Jerry Bloch

Here are the most significant legislative changes applicable to California employers: A. FMLA (included in the 2010 National Defense Authorization Act): 1. Military Caregiver Leave –Time off to care for injured or ill or active service members has been expanded … Continue reading


The Blogging Employee, by Jerry Bloch

The use of the internet for social media purposes has made pundits and commentators out of anyone who wants to be one. What risks do employers have from their employees’ blogging, and facebooking? An article in the Los Angeles Daily … Continue reading


Can I prohibit my employees from discussing any and all information regarding the company, its business plans, its partners, its policies, new business efforts etc?

By Karen Ward. The surprising answer is no.   A Federal District Court ruled that employees could reasonably interpret the rules unqualified prohibition of the release of “any information” regarding “its partners” to unlawfully restrict employees’ discussion of wages and other … Continue reading


Pay Reduction Programs May Pose Problems for Employers, by Jerry Bloch

Many employers are looking for ways to cut expenses. Some employers are considering reducing pay with a corresponding reduction in the work schedule.   This can be problematical, as an article in the Los Angeles Daily Journal on April 10, … Continue reading


Some Rights Can't Be Waived in Separation Agreements.

In this Legal Update from Jackson Lewis http://www.jacksonlewis.com/legalupdates/article.cfm?aid=1263, we learn that: “A California appellate court has ruled that a broad employment severance agreement, including a release of claims under “any other federal or state law,” was unenforceable under the Uniformed … Continue reading


Managing the Risks of "Comp Time"

My friend Barrie Gross, an employment and human resources expert in San Francisco, has written an article http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/01/23/BU78UJP1I.DTL for the San Francisco Chronicle that gives employers good guidance on the tricky subject of Compensatory Time Off (known as “Comp Time” … Continue reading


Are Employment Arbitration Agreements Dead Yet?

Gregory Valenza of Shaw Valenza thinks so. I agree. In his review of the California Supreme Court decision Gentry v. Superior Court in the Los Angeles Daily Journal (LADJ) September 21, 2007, he notes that pre-dispute arbitration agreements are now … Continue reading


Immigation Issues in Employment

There is great pressure on the current Administration and Congress to “do something” about illegal immigration. Due to the recent failure to pass legislation on the issue, the pressure has shifted to the U.S. Bureau of Citizenship and Immigration Services … Continue reading


What to do when Tax Withholdings are Contrary to an Employee's Religion

You’ve decided to hire a new employee. The interviews are complete, you’ve chosen the person you think is both most qualified and the best fit for your business’ culture. The new guy is enthusiastic and ready to get started. Then … Continue reading