About Christine Long Berliner Cohen prides itself on offering innovative and sophisticated legal advice combined with a keen awareness and understanding of our clients’ business needs. Christine Long is the Chair of the Employment Law Department. Ms. Long has handled hundreds of cases, successfully defended employers in Class Action matters defeating class certification as well as at trial defending successfully on PAGA and other individual claims. Ms. Long regularly advises clients on how to navigate California employment laws deploying individual strategies for employers based on their unique needs. About Berliner Cohen Berliner Cohen is a full-service business litigation firm, representing companies from inception to wind down. Its seasoned attorneys advise on corporate and tax needs, guide employers on California and Federal Employment laws both daily and in litigation, handle real estate transactions whether it be leasing, sales or development, as well as providing sound estate planning strategies for owners and executives. Google has reached a $27 million settlement with employees who accused the tech giant of unfair labor practices, setting a record for the largest agreement of its kind. With so many legal updates, internal policies and procedures, regulations, and compliance, what are the potential risks facing employers in California? The greatest risks to employers are (1) lack of continuity between the government and the courts and (2) lack of proper training of managers that interact with employees daily. The legislature sets laws, and the Division of Labor Standards and Enforcement (DLSE) publishes and updates a manual that provides guidance and instruction on how the myriad of laws are to be interpreted for guidance purposes only. However, their guidance has been adhered to for decades. More and more frequently the courts will interpret the statutes and legislation differently than the DLSE. Decisions that go against well settled practices, procedures and policies are then retroactively applied, rendering what was a lawful policy not only unlawful, but unlawful for the four years prior to the date of the court decision. Compounded with changes in interpretation law is a lack of means to provide notice to employers of these daily changes to the laws. Thus, leaving many in the dark that well settled practices have been rendered unlawful or non-compliant. Training for owners and human resources professionals is not enough -– they in turn must train their managers. This training should be done live – not plug and play videos or long-winded written procedures. As a litigator, I will often see that a company has compliant legal policies that are not followed by managers because the managers did not know the rules or know of the changes made to handbooks. Companies should not expect that managers will read the handbook or its many variations over the years, or better yet understand a written policy. The individuals managing the work force need to have regular and routine trainings to make sure they know what is expected of them and also be allowed to provide feedback on how to better manage such policies. All hourly employees receive rest breaks in California, however, how those are deployed will differ for at home workers, restaurant workers, drivers, and desk job employees. It is important that companies are not just learning the law, but learning how to apply it to their specific positions and industries. Through this process of interactive management training, if done in a collaborative way, a company can troubleshoot areas of concern, get ahead of possible problems, and build a more positive work environment. WWW.LAWYER-MONTHLY.COM 63 The individuals managing the work force need to have regular and routine trainings to make sure they know what is expected of them Christine H. Long Partner, Berliner Cohen, LLP 10 Almaden Blvd, 11th floor San Jose, CA 95113 Tel: +1 408 286 5800 Email: christine.long@berliner.com www.berliner.com
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