026 - A Closer Look at At-Will Employment in California

In this episode of Everyday HR, we tackle the complexities of at-will employment in California, dissecting its fundamentals, exceptions, and the balance it requires from both employers and employees. We clarify misconceptions, outline wrongful termination legalities, and consider the differences between initial introductory periods for new hires. For employers, we highlight the importance of documentation and termination best practices. This episode offers essential insights into navigating the at-will employment landscape in California, making it a vital listen for understanding rights and obligations.

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

The Everyday HR podcast team round tabled the art of an effective and legal interview in today’s workplace.

Roshni and Dan shared some key bullets to consider like preparation, interview formats, effective interview techniques, appropriate questions, and inappropriate questions. Dan also spoke about the legal aspect of interviewing and what employers should be aware of.  

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

The podcast team discussed the recent changes in California law that should be included in an updated employee handbook.

California employment law continues to change, and employers need to take those changes into consideration when updating their employee handbooks.  Troy, Roshni and Dan discussed and recommended changes based on new mandatory sick leave requirements, a reproductive loss leave of absence, new protected statuses such as reproductive health decision making and use of cannabis outside of work hours.  The new marijuana testing requirements were also discussed.

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

In today’s episode of Everyday HR, we explore the vital topic of ergonomics in the workplace with our special guest, Tom Traut, an expert in the field. Delve into insightful discussions about common ergonomic issues faced by employees, the benefits of proper ergonomic practices, and practical strategies for creating a more comfortable and productive work environment. Whether you're an employer, an HR professional, or an employee seeking to improve your workspace, this episode offers valuable tips and expert advice to enhance your daily work life. Don’t miss out on these essential ergonomic insights!

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Guest:

• Tom Traut with Functional Ergoniomics
• LinkedIn: @Tom Traut, M.Ed., RKT, CEAS III
• Website: www.functionalergonomics.com

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

Troy Burden, Roshni Patel and Dan Klingenberger discussed helping employers plan for and execute effective open enrollment.  Troy offered great insight into the opportunities available on the market today and the limits and thresholds employers are experiencing with health benefits, 401(k) contributions, HSA plans and other benefits.   Roshni discussed the steps the Human Resources Department can take to strategically implement changes to benefits offered to employees.  During the podcast we also discussed the significant compliance obligations employers must contend with each year.

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

Troy, Dan, and Roshni talk through what a noncompetition policy is and the pros and cons of using one and if it’s a liable contract in California. Then they talk about the difference between a non-compete and a trade secrets contract.

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

Dive into this illuminating episode as we explore the intricate world of workplace safety regulations, zeroing in on the nuances between federal OSHA and California's Cal/OSHA standards. Whether you're an HR professional, a business owner, or simply keen on understanding the backbone of workplace safety, our deep dive will elucidate the challenges, differences, and strategies for compliance. From the origins of OSHA to the evolving challenges posed by remote work and global events, we've got you covered.

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

Troy Burden, Roshni Patel and Dan Klingenberger had a great conversation with Moriah Mendenhall, General Manager of Contraband Control Specialists.  We discussed drug testing at the preemployment stage and for current employees.  Recommendations for implementing policies and practices for testing were addressed.  Moriah gave listeners the benefit of his many years’ experience with drug testing, including forecasting some of the challenges that will come from compliance with AB 2188, a law going into effect on January 1, 2024, that creates new requirements for testing for impairment from marijuana consumption.

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Guest Contact Information:

• Moriah Mendenhall, General Manager, Contraband Control Specialists
• MMendenhall@contrabandcontrol.com  (661) 336-0617

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

This enlightening episode delves into the complex world of 'Wage and Hour' claims, one of the most contentious issues in the modern workplace. We're breaking down the most common pitfalls and offering expert considerations on how to stay compliant. Whether you're a small business owner concerned about local regulations, or an HR professional seeking to fortify your organization's policies, this episode is packed with insights and practical tips. We will also focus on some unique considerations for businesses in California, making it a must-listen for those navigating the Golden State's labor laws. Tune in to stay informed about costly wage and hour disputes.

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.

Troy Burden sat down with Roshni and Dan and reviewed the EEOC guidelines and protected status. They also share strategies to mitigate bias in recruitment and promoting a diverse and inclusive workforce.

Host Contact information:  

• Roshni Patel, HR Consultant/President of Thrive HR Consulting 

• roshni@thrivehrc.com (661) 360-6886 

• Dan Klingenberger, Esq. Employment Law Attorney, Partner at LeBeau Thelen, LLP

• dklingenberger@lebeauthelen.com (661) 325-8962 

• Troy Burden, Employee Benefits Sales and Compliance Advisor, Partner at The Robert Lynn Company

• troy@lynncompany.com (661) 301-1247

Disclaimer: 

The purpose of this podcast is to provide news and information on human resources matters affecting employers. All content presented is for informational purposes only and should not be considered legal advice. Some of the information on the podcast relates to legal topics. The transmission of information on this podcast is not intended to establish, and receipt of such information does not establish or constitute, an attorney-client relationship or a consultant-client relationship. Anyone who receives information from the podcast should not act on the information without first consulting legal counsel or other expert on the specific topic. Human resources law and guidance changes on a regular basis. The information presented on the podcast may not reflect the most current legal developments. The opinions expressed at or through the podcast are the opinions of the individual speaker and may not reflect the opinions of all presenters. Likewise, the information presented is not intended to reflect the opinion of the presenter’s employer or firm.