Employment & Labor
Can an Employee Opt-Out of an Attendance Policy as a Reasonable Accommodation under ADA?
By Wirtz Law |
On April 11, 2012, the United States Court of Appeals for the 9th Circuit (which includes California) issued another employer friendly decision. In Samper v. Providence St. Vincent (9th Cir. 10-35811 4/11/12), the limits of an employer’s attendance policy were tested under the Americans with Disabilities Act. The question asked was HOW ESSENTIAL IS SHOWING UP FOR…
Read More Can Out-of-State Employers Enforce Non-Competition Restrictions in California?
By Wirtz Law |
It is becoming commonplace for California employees to be employed by out-of-state employers. In some situations, the out-of-state employer will take advantage of the more employer friendly laws of the non-California venue and require the employee to sign non-compete agreements which may be enforceable under the laws of the non-California state. So the question in…
Read More Military Leave Medical Benefits Choice: USERRA or COBRA?
By Wirtz Law |
When employees take a leave of absence for military service, they are entitled to continue the health plan provided by their employer pursuant to two relevant statutes.[1] The Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Consolidated Omnibus Budget Reconciliation Act (COBRA) statutorily mandate employers to continue the current employment-based health care plan.[2]…
Read More Can an Employee Be “At-Will” for a Specified Term?
By Wirtz Law |
Most employers and employees will agree that if they do not specify the term (or length) of employment, the employment relationship is “at-will” — that is, either the employer or the employee may end the relationship at any time for any reason (except for terminations in violation of public policy). In fact, California Labor Code…
Read More How to Handle a Request for Military Leave
By Wirtz Law |
Many workforces include active members of the military. When an employee notifies an employer of an absence from work due to military service, a letter should be sent to the employee thanking them for the advanced notice (which is not legally required) and confirming the beginning date of the leave. To make sure of the…
Read More Protections Against Employee Claims
By Wirtz Law |
4 Reasons Why Employment Practices Liability Insurance (EPLI) Policies Protect Your Company Against Unforeseen and Unbudgeted Risks 1. Employment Lawsuits Are on the Rise In California, court filings increased by 20% over the past decade. In 2009, contract disputes and employment claims rose by 25%. Lawsuits claiming more than $25,000 increased by 17%. California businesses…
Read More Protecting Trade Secret and Proprietary Information from Disclosure
By Wirtz Law |
Business law attorneys are frequently dealing with accidentally or intentionally disclosed confidential, proprietary and trade secret information to someone outside the business. Employees often inadvertently disclose proprietary information as they market their expertise and background. This often creates an undue risk to companies’ proprietary information and trade secrets. According to one survey of US companies…
Read More How to Handle Employess During Wild Fire Evacuations
By Wirtz Law |
Employment Issues Raised By California Fires With the disruption caused by the recent fires, employers are left with the difficult task of managing employees. Wild fires raise at least two significant questions for employers in Southern California: (1) With mass evacuations and business closings, what are an employer’s obligations to compensate employees for days of…
Read More Lemon Law Categories
Over 97% Success Rate
In Lemon Law Claims
Business Law Categories
Excellent firm!! Everyone works for you and takes time to assist you in anything needed to help your case. I highly recommend Wirtz Law to anyone with legal needs. If they can’t help they will direct you to the best place for you. I love this firm and am truly grateful for them!! They really…