An ancient maxim of jurisprudence states that “the law disregards trifles.” Or in Latin: De minimis non curat lex. The underlying principle is that some alleged wrongs are so trivial
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Jeffrey D. Polsky
Court Addresses Conflict Between State and Federal Immigration Requirements
By Jeffrey D. Polsky on
Since this is a blog about California employment law, we don’t often write about immigration. Sure, we define California employment law broadly enough to include stuff about gorillas and monsters…
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Remember When Koko the Gorilla Was Accused of Sexual Harassment?
By Jeffrey D. Polsky on
Whenever a celebrity dies, everyone glorifies their accomplishments. So the eulogies for Koko the talking gorilla aren’t surprising in the least. But those eulogies tend to overlook that Koko’s many…
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Newly Updated Chart on CA State and Local Paid Sick Leave Rules
By Jeffrey D. Polsky on
Tyreen Torner has again updated this Chart Summarizing CA State and Local Paid Sick Leave Rules. It summarizes the Paid Sick Leave laws for California, San Francisco, Los Angeles,…
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Reassessing the Pros and Cons of Workplace Arbitration
By Jeffrey D. Polsky on
In Epic Systems v. Lewis, the U.S. Supreme Court recently approved the use of arbitration agreements that include class action waivers. So this seems an opportune time to reassess…
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California Law Protects Workers’ Rights – Who Knew?
By Jeffrey D. Polsky on
Employers are still reeling from last week’s decision in Dynamex Operations West, Inc. v. Superior Court, in which the California Supreme Court said that employers (and even a state…
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CA Supreme Court Turns Independent Contractor Analysis on its Head
By Jeffrey D. Polsky on
Determining whether a California worker is an independent contractor or an employee has always been difficult. Judges deciding the issue have complained that the test used by California courts “provides …
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Eight Steps to Avoid Getting Sued Over Your Investigation
By Jeffrey D. Polsky on
Thorough investigations can protect employers from claims that their decisions were discriminatory, retaliatory, or in bad faith. Conversely, a defective investigation can increase an employers’ exposure to those same claims. …
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#MeToo Hasn’t Led to More Harassment Litigation … Yet
By Jeffrey D. Polsky on
It’s been five months since the #MeToo movement burst onto the scene. Since then, the headlines have been dominated with accusations of grossly inappropriate behavior by prominent politicians, entertainers, business…
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Does Your Harassment Policy Meet These 12 Requirements
By Jeffrey D. Polsky on
When an employer gets sued for sexual harassment, the focus is not on what the alleged harasser did. It’s on what the employer did to provide its employees a harassment-free…
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