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A Closer Look: Unpacking California’s Landmark PAGA Legislation

Educational V.
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A Closer Look: Unpacking California’s Landmark PAGA Legislation

As previously discussed, on June 18, 2024, California’s political leaders announced a tentative deal to reform a number of aspects of California’s Private Attorneys General Act (“PAGA”). On June 27, 2024, the PAGA reform bills, Senate Bill 92 and Assembly Bill 2288, were approved by the California Legislature and on July 1, 2024, Governor Newsom signed both bills into law. The PAGA reform bills contain urgency clauses such that the bills take effect upon signing. Both bills explicitly apply only to PAGA claims filed on or after June 19, 2024, or those PAGA claims for which the required notice to California’s Labor Workforce Development Agency (“LWDA”) was filed on or after June 19, 2024. The PAGA reform bills add details to the previously announced key reform components of increased employee share of PAGA penalties, caps on penalties for employers who take steps to comply with the Labor Code or fix potential issues after receiving notice of a PAGA claim, and requiring the representative plaintiff to experience every alleged PAGA violation to have standing. These reform bills are likely to curb, but not eliminate PAGA litigation for California employers going forward.

The core elements of Senate Bill 92 and Assembly Bill 2288 are discussed further below:

Employee Share of Penalty

Currently, any PAGA penalties awarded, after attorney’s fees and costs are subtracted, are apportioned 75% to the California Labor Workforce Development Agency, and the remaining 25% is distributed amongst the aggrieved employees. AB 2288 amends Section 2699 to increase the aggrieved employees’ share of the penalties to 35%.

Increased Penalties for Malicious Employer Conduct

AB 2288 amends Section 2699(f) to increase the PAGA penalty to $200 per pay period for instances where an employer acted “maliciously, fraudulently, or oppressively” or the employer’s applicable policy or practice was previously found to be unlawful within the preceding 5 years. AB 2228 does not specify what conduct constitutes malicious, fraudulent, or oppressive conduct, though this language is similar to the standard for punitive damages applicable to non-wage and hour employment claims.

General Caps on PAGA Penalties

AB 2288 also amends Section 2699(f) to reduce the PAGA penalty to $25 per pay period for violations of Labor Code Section 226 (which requires employers to provide accurate wage statements to employees), if the employee could promptly and easily determine from the wage statement alone the accurate information.

AB 2288 further amends Section 2699(f) to reduce PAGA penalties for any alleged violation to $50 per pay period if the alleged violation resulted from an “isolated, nonrecurring event” that did not extend beyond the lesser of 30 consecutive days or four consecutive pay periods.

AB 2288 also creates Section 2699(i), which prohibits recovery of PAGA penalties for violations of: (1) the final pay provisions of the Labor Code (Sections 201, 202, or 203) or the timely payment provisions (Section 204) when the violations are neither willful nor intentional; or (2) Labor Code Section 226 that are neither knowing nor intentional or a failure to provide a wage statement. Section 2699(i) thus brings PAGA into alignment with the recent California Supreme Court decision in Naranjo. Section 2699(i) also permits a court to reduce any PAGA penalty in situations where the same conduct or omission resulted in multiple alleged violations of the Labor Code, likely reducing the possibility for “stacked” PAGA penalties arising from a single payroll or policy error.

Caps on PAGA Penalties for Proactive Compliance

AB 2288 creates Section 2699(g), which limits PAGA penalties to a maximum of 15% of the applicable PAGA penalty for employers who, before receiving an LWDA notice or a request for employee records from a representative plaintiff or their counsel, have “taken all reasonable steps to be in compliance with all provisions” of the Labor Code allegedly violated. “All reasonable steps” may include, but is not limited to:

  • conducted periodic payroll audits and took action in response to the results of the audit;
  • disseminated lawful written policies;
  • trained supervisors on applicable Labor Code and wage order compliance; or
  • took appropriate corrective action with regard to supervisors.

Whether the employer’s conduct was reasonable will be evaluated by the totality of the circumstances and will take into consideration the size and resources available to the employer, and the nature, severity and duration of the alleged violations. The existence of a violation, despite the steps taken, is insufficient to establish that an employer failed to take all reasonable steps. 

Note that the 15% penalty cap does not apply where an employer acted “maliciously, fraudulently, or oppressively” or the employer’s applicable policy or practice was previously found to be unlawful within the preceding 5 years. Also, AB 2288 specifically provides that a court may exceed the 15% penalty cap if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory.

Newly created Section 2699(j) provides that PAGA penalties cannot be awarded against an employer who proactively complies with the Labor Code for those violations the proactive employer “cures” after receiving an LWDA notice.

Caps on PAGA Penalties for Remediation

AB 2288 creates Section 2699(h), which limits PAGA penalties to a maximum of 30% of the applicable PAGA penalty for employers who take steps to fix policies and practices after receiving an LWDA notice. The employer must take “all reasonable steps” to prospectively be in compliance with all provisions identified in the notice within 60 days of receiving an LWDA notice. “All reasonable steps” may include, but are not limited to, taking an action to initiate any of the following:

  • conduct an audit of the alleged violations and take action in response to the results of the audit;
  • disseminate lawful written policies as to the alleged violations;
  • train supervisors on applicable Labor Code and wage order compliance; or
  • take appropriate corrective action with regard to supervisors.

Whether the employer’s conduct was reasonable will be evaluated by the totality of the circumstances and will take into consideration the size and resources available to the employer, and the nature, severity and duration of the alleged violations. The existence of a violation, despite the steps taken, is insufficient to establish that an employer failed to take all reasonable steps. 

Note that the 30% penalty cap does not apply where an employer acted “maliciously, fraudulently, or oppressively” or the employer’s applicable policy or practice was previously found to be unlawful within the preceding 5 years. Also, AB 2288 specifically provides that a court may exceed the 30% penalty cap if, based on the facts and circumstances of the particular case, to do otherwise would result in an award that is unjust, arbitrary and oppressive, or confiscatory.

Newly created Section 2699(j) provides PAGA penalties cannot be awarded against an employer who undertakes timely remediation for those violations that the employer “cures” after receiving an LWDA notice.

Other Penalty Reductions

AB 2288 creates Section 2699(o), which halves the applicable PAGA penalties if the employees’ regular pay period is weekly rather than biweekly or semimonthly. This equalizes penalties for those employers who pay their employees on a weekly basis, as opposed to bi-weekly. PAGA penalties are currently assessed on a per pay period basis, making employers who utilize weekly payroll potentially subject to double the amount of PAGA penalties as an employer paying bi-weekly.

Cure Opportunities to Avoid Litigation

Section 2699(d) currently provides an employer the opportunity to avoid liability if it properly “cures” the alleged Labor Code violation(s) by abating each alleged violation, coming into compliance with the Labor Code sections allegedly violated, and making any aggrieved employee “whole.” Further, to cure certain technical violations of Labor Code Section 226, an employer must currently re-issue corrected wage statements to all aggrieved employees for the past three years. 

AB 2288 amends Section 2699(d) to clarify that an aggrieved employee is “made whole” when the employee has received: (1) an amount sufficient to recover any unpaid wages due dating back three years from the date of the LWDA notice, plus 7 percent interest; (2) any liquidated damages as required by statute; and (3) reasonable lodestar attorney’s fees and costs to be determined by the agency or the court. If there is a dispute over the amount of unpaid wages due, the employer may cure by paying the amount that could reasonably be owed based on the violations alleged in the LWDA notice.

AB 228 also enables violations of Labor Code Section 226 to be more easily cured by providing employees electronic access to corrected wage statements, instead of re-issuing them, or, in situations where the correct name and/or address of the legal employer was not listed, a summary of the corrected information and a list of the applicable pay periods.

Additional Cure Opportunities for Small Employers

SB 92 creates Section 2699(c)(2), effective October 1, 2024, which allows employers who employed less than 100 employees during the statute of limitations period of the alleged PAGA claims to submit a confidential proposal to the LWDA to “cure” any alleged violations under the newly amended Section 2699(d). If necessary, the LWDA may set a conference between the representative plaintiff and the employer to determine whether the proposed cure is sufficient, what additional information may be necessary to evaluate the sufficiency of the cure, and the deadline for the employer to complete the cure. The LWDA may also request the employer pay any proposed cure amount, including any wages and liquidated damages due and 7 percent interest, into escrow or shall provide such other form of security as the agency deems suitable. If the LWDA determines the employer has properly cured the alleged violation, the representative plaintiff may not proceed with their lawsuit. However, the representative plaintiff may request a hearing before the LWDA to contest the determination that the alleged violations have been cured, and then subsequently appeal the LWDA’s determination to the superior court. 

Early Resolution Opportunities for Large Employers

SB 92 creates Section 2699(f)(1), which provides an early evaluation process for “large” employers who employed more than 100 employees during the statute of limitations period of the alleged PAGA claims. The early evaluation process includes a mandatory stay of litigation and diverts the parties to an early evaluation conference before a “neutral evaluator,” similar to an early mediation. In addition to the parties presenting their evidence and arguments regarding the liability and exposure, the employer must also present a proposed plan to “cure” any alleged violations if it intends to do so under the newly amended Section 2699(d). The early evaluation process is intended to last no more than 30 days.

Standing

Presently, under Kim v. Reins International California, Inc.(2020) 9 Cal.5th 73, a representative plaintiff has standing to bring a PAGA lawsuit so long as the plaintiff was employed by the alleged violator and personally suffered at any point in time at least one Labor Code violation on which the PAGA lawsuit was based. 

AB 2288 amends Sections 2699(a) and (c) to provide that a representative plaintiff may now only bring suit to recover penalties on behalf of themselves and other current or former employees against whom a violation of the same provision of the Labor Code was committed. The representative plaintiff must also have actually experienced each of the alleged PAGA violations within the one-year statute of limitations for PAGA claims to have standing to pursue the litigation. Notably, AB 2288 excepts PAGA claims brought by certain existing nonprofit legal aid organizations from these new stricter standing requirements.

Manageability

Presently, under the California Supreme Court’s recent decision in Estrada v. Royalty Carpet Mills, Inc., trial courts lack inherent authority to strike PAGA claims on manageability grounds, even if those claims are complex or time intensive, unlike the authority that trial courts have to bar class action claims. AB 2288 creates Section 2699(p), which permits a trial court to limit the evidence at trial or the scope of any PAGA claim to ensure that the claim can be effectively tried. AB 2288 also creates Section 2699(q), which permits a trial court to consolidate or coordinate multiple PAGA suits that allege legally or factually overlapping violations against the same employer.

Conclusion

The PAGA reform deal is likely to curb, but not eliminate PAGA litigation for California employers going forward. The reformed PAGA makes it even more critical for employers to proactively monitor their California wage and hour compliance, as well as act swiftly to evaluate their options to fix or cure the alleged violations when they receive notice of a potential PAGA claim.

Humans and AI – Partners or Replacements? A Look at the Future of Work

Educational V.
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Humans and AI – Partners or Replacements? A Look at the Future of Work

Humans and AI – Partners or Replacements? A Look at the Future of Work

The rise of Artificial Intelligence (AI) has sparked a major conversation about the future of work. Will robots render human labor obsolete, or will AI become a powerful tool to empower us? From self-driving cars to automated customer service chatbots, AI is already transforming industries. But the reality is far more nuanced than a simple replacement story. As we look ahead, the true potential lies in humans and AI working together. This partnership will redefine work, not eliminate it. Imagine a doctor leveraging AI analysis to diagnose illnesses faster or a construction worker using AI-powered tools to ensure precise building plans. The future of work is not about humans versus AI, but about humans and AI working in tandem to create a more efficient, innovative, and ultimately, human-centered future.

AI is rapidly evolving and impacting the job market, but it’s important to understand that complete replacement isn’t always the case. However, there are quite a few jobs that can well be automated and humans will be replaced, and at the same time more jobs will be created where human intelligence and presence is needed more than code and machines.

In a recent research by Henley Wing Chiu, it’s evident that some jobs are particularly susceptible to automation and we’re seeing the human replacement on these right now.

“Writing jobs declined by 33%, translation jobs declined by 19%, and customer service jobs declined by 16%, all from November 1, 2022, to February 14, 2024.” (source: Entrepreneur)

Here’s a breakdown of jobs most likely to be affected by AI:

High Risk of Automation

  • Data Entry and Bookkeeping: AI can now handle vast amounts of data entry with high accuracy, automating tasks like filling out forms, processing invoices, and maintaining databases. Bookkeeping tasks like recording transactions, reconciling accounts, and generating reports are also prime targets for AI automation due to their repetitive nature.

  • Basic Customer Service Interactions: Chatbots powered by AI can answer frequently asked questions, troubleshoot basic problems, and even handle simple transactions. This could reduce the need for human customer service representatives for tasks like resetting passwords or providing basic product information.

  • Assembly Line Work in Manufacturing: Robots with advanced dexterity and machine learning capabilities are increasingly performing tasks like welding, painting, and assembling components on factory assembly lines. While some human oversight and maintenance will likely remain necessary, AI significantly reduces the need for manual labor in these settings.

Medium Risk of Automation

  • Manufacturing and Logistics Quality Control: AI-powered image recognition and machine vision can be used to inspect products for defects on production lines. This can automate quality control processes that were previously performed by human inspectors.

  • Delivery Drivers on Fixed Routes: Self-driving vehicles are still under development, but they have the potential to disrupt jobs like long-haul truck driving or deliveries on predefined routes. However, human drivers will likely remain essential for deliveries requiring navigation in complex environments or situations demanding on-the-spot decision-making.

  • Telemarketing and Sales in Specific Industries: AI-powered chatbots can qualify leads, answer basic sales questions, and even close simple transactions. This could reduce the need for telemarketers and salespeople in industries with standardized products and well-defined sales processes.

Lower Risk, Likely Augmented by AI

  • Content Creation: AI can assist with content creation by generating content ideas, providing summaries of factual topics, or translating languages. However, human creativity, critical thinking skills, and editorial judgment will remain essential for crafting high-quality content that resonates with a target audience.

  • Financial Analysis: AI can analyze vast amounts of financial data, identify trends, and even generate basic investment reports. However, human expertise in areas like portfolio management, risk assessment, and understanding client needs will remain crucial for roles like investment banking and wealth management.

  • Legal Research and Document Review: AI can be used for legal research, summarizing legal documents, and identifying relevant case law. However, human lawyers will remain irreplaceable for tasks requiring legal strategy, complex legal arguments, and client interaction in courtrooms or negotiations.

The key takeaway here is that AI is more likely to complement human work by automating repetitive tasks. This frees up professionals to focus on higher-level skills like strategic thinking, creativity, complex problem-solving, and human interaction – areas where human capabilities are (and likely will remain) unmatched. The future of work will involve collaboration – with AI handling the mundane and humans bringing their unique talents to the table.

Ready to explore other possible careers in AI in different industries?  Check out this blog post: Navigating the AI Job Landscape: Industries at the Forefront of Hiring in 2024

Pregnancy regs take effect, results of court challenges are mixed: Employment & Labor Insider

Educational V.
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Pregnancy regs take effect, results of court challenges are mixed: Employment & Labor Insider

Not long ago, I blogged about two legal challenges to the regulations interpreting the Pregnant Workers Fairness Act. In one case, 14 state attorneys general filed suit in federal court in Arkansas. Shortly afterward, the states of Louisiana and Mississippi filed a separate suit in federal court in Louisiana.

Then, a number of Catholic organizations filed suit in the same federal court in Louisiana.

All of the challenges related to the provision in the regulations, issued by the U.S. Equal Employment Opportunity Commission, that says employers have to make reasonable accommodations for employees who need them for elective abortions. (That is, abortions not performed for medical reasons.)

Last week, the Arkansas court dismissed its case, ruling that the plaintiffs lacked “standing.” Generally, to be able to sue, the plaintiff has to have been harmed or be likely to be harmed by the challenged action. If so, the plaintiff has “standing” to sue. But if the plaintiff’s harm or risk of harm is tenuous, the plaintiff may not have “standing” to sue. If not, the case has to be dismissed.

For example, not that you’d ever do it, but let’s say you punch my neighbor. I can’t sue you for that because I was not harmed by your action, even though I might have been very disappointed in you. My neighbor with the black eye is the one who has the right to sue you.

HE CAN SUE YOU. I CAN’T.

Getting back to Arkansas, Judge D. Price Marshall, Jr. (an Obama appointee), ruled that the 14 states were not sufficiently harmed by the “abortion accommodation” provision in the EEOC regulations to have standing to sue. The only evidence of the monetary cost to the states to comply with that provision was that it would be about $76. That was the EEOC’s estimate, and the states disputed it, but they apparently didn’t submit any evidence to the contrary. There were other reasons for the “no standing” ruling in addition to this one, but it’s very procedural, so I won’t go there. If you’d like to learn more about standing, you can read both of the court decisions linked in this post.

In dismissing the case for lack of standing, Judge Marshall didn’t have to decide whether the EEOC had exceeded its authority by interpreting the PWFA to require employers to accommodate employees who were having elective abortions.

Then, just a few days later, the judge in the Louisiana case provided a very different result. First, Judge David C. Joseph (a Trump appointee) consolidated the lawsuit brought by the states of Louisiana and Mississippi with the lawsuit brought by the Catholic organizations. Then he found that all of the plaintiffs had standing. In Louisiana and Mississippi post-Dobbs, abortions are illegal with very, very limited exceptions. The states argued that the EEOC regulation deprived the states of their sovereignty. (That’s because the Supreme Court Dobbs decision returned the abortion issue to the states.)

In Catholic teaching, all human life is sacred “from conception to natural death.” The Catholic organizations — who are also employers — argued that knowingly making accommodations for employees having abortions would violate Catholic teaching.

Judge Joseph granted a preliminary injunction against this part of the PWFA regulations, meaning that the EEOC can’t investigate a charge alleging a violation or issue a notice of right to sue. However, the rest of the PWFA regulations are enforceable and in effect.

BEFORE . . .

. . . AND AFTER.

Again, Judge Joseph’s injunction applies only to the requirement to make reasonable accommodations for elective abortions that do not have a medical justification. It also applies only to employees of the states of Louisiana and Mississippi and their agencies (not private sector employees in those states), and to employees of the Catholic organizations that filed suit. One of the organizations was the U.S. Conference of Catholic Bishops, so the “Catholic” part of the preliminary injunction will presumably extend beyond Louisiana and Mississippi.

It appears that the state attorneys general in the Arkansas and Louisiana lawsuits made essentially the same arguments in support of their contention that they had standing to sue. Are the different outcomes attributable to politics (Obama appointee versus Trump appointee)? Could be. 

I have not seen anything yet about whether the 14 states plan to appeal Judge Marshall’s ruling or whether the EEOC plans to appeal Judge Joseph’s ruling, but I won’t be surprised if they all do. UPDATE (6/21/24): The Arkansas decision has reportedly been appealed. Arkansas is in the Eighth Circuit, and Louisiana is in the Fifth.

Remote Senior Product Manager at iNaturalist

Educational V.
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Remote Senior Product Manager at iNaturalist

Time zones: EST (UTC -5), CST (UTC -6), MST (UTC -7), PST (UTC -8)

iNaturalist seeks an experienced and effective Senior Product Manager to join our team. This exciting role will report to the Head of Engineering and will work closely with the Leadership team, Engineering team and designer to lead the implementation of strategic iNaturalist product enhancements to help iNaturalist advance its mission. The ideal candidate has experience with managing and shipping software products, a deep understanding of customers and the iNaturalist community, experience working with engineers and designers on product teams, and great team leadership, communication, and facilitation skills.

Responsibilities

  • Product Vision and Strategy: Flowing from organizational goals and strategic priorities, the Senior Product Manager will develop, communicate, collaborate, and iterate on clear product visions that align with organizational goals.
  • User Experience: Work closely with UX designers and the engagement team to identify pain points, manage feature prioritization, and ensure our products meet the needs of a diverse user base.
  • Advocate for our users: Become an expert at understanding iNaturalist’s community members, how they use our products, and what their needs are, then advocating for user needs across the team. Engage with users and stakeholders to gather feedback, validate product concepts, and iterate on product features, fostering a user-centric approach to product management. Use and understand our products, as well as similar products/competitors.
  • Data-driven Decision Making: Use agile methods to manage product backlogs, coordinate product iteration, and release planning, leveraging data and user feedback to drive continuous improvement.
  • Project Management: Collaborate with engineering, design, and engagement teams to manage product life cycles, develop realistic timelines, and deliver projects on schedule. Facilitate cross functional decision-making across multiple products including mobile apps, web, AI models, and internal dev tools.

Experience and Qualifications

  • Product Management: Demonstrated experience as a product lead, with the ability to define and execute product visions. Knowledge of the existing nature-tech space, or demonstrated ability to rapidly analyze and become domain experts in a market. 
  • Data-driven Decision Making: Experience using consumer analytics to inform product strategy and backing up hypotheses with data.
  • Prioritization Skills: Familiarity with applying prioritization and decision making frameworks to focus on the highest-impact projects. 
  • Project Management: Strong project management skills, with experience in agile methodologies and a track record of delivering projects on time and within scope.
  • Collaborative Spirit: Outstanding written and verbal communication and collaboration skills, with the ability to work effectively across departments and with diverse stakeholders on a fully remote team with different communication styles. Track record of working “in the weeds” alongside engineers and designers. 
  • Passion for Nature: A strong commitment to nature and technology, as well as an interest in science and conservation.

Why Join Us?

  • Impact: Play a pivotal role in a mission-driven organization dedicated to biodiversity conservation and community engagement.
  • Innovation: Leading a team of developers building cutting-edge technology that empowers millions of people to make a positive impact on nature.
  • Growth: Be part of a growing organization with opportunities for personal and professional development and career advancement.

If you are passionate about biodiversity, technology, and leading talented teams to achieve meaningful impact, we encourage you to apply for this exciting opportunity.


Why it’s Great to work at iNaturalist 

 A mission that matters. 

With species going extinct daily, the need to protect and document biodiversity has never been more essential. iNaturalist has become the go-to data source to measure biodiversity conservation and protection. 

A great team.

Smart, hard-working nature lovers make up our small team. We live in countries all over the world but come together each day to further our mission. For this position, to facilitate collaboration across time zones, we require that you be a resident of and eligible to work in the lower 48 states (i.e., not Alaska or Hawaii). 

Flexible work. 

We are a virtual team, and most of this position’s work can be performed from home or wherever you are comfortable. You’ll even get some funds to set up your office and a monthly stipend to defray some of the costs. Once a year we travel to an annual, nature-filled team retreat. 

Competitive pay.

The salary for this full-time position is $121,450 per year, non-negotiable. 

Great benefits.

We offer a pretty awesome benefits package, including medical, dental, vision and life insurance, plus an employer-funded health reimbursement account and employee-funded flexible spending accounts. There is a 401k plan with a 5% match. This position is eligible for unlimited personal time off, and unlike some tech companies, we really mean it – everyone is expected to take a minimum of three weeks a year off. Eligible new parents get up to 12 weeks of paid leave and an additional 18 of unpaid. 


Application process

Instead of a cover letter, we will ask you to answer two questions that will be reviewed (by real people, not AI) and assessed separately from each other, your resume, and your name. The hiring team will review your answers and resume in a batch of answers and resumes from other candidates in randomized orders. Randomization and anonymization of each element in the initial review process minimizes bias.

Applied asks for your demographic information, but we never see it in association with you—only summarized in aggregate. We use it to assess the overall demographics of the candidate pool.

After initial review of applications on a rolling basis, advancing candidates will be asked to answer a few more questions within one week. 

Process Summary:

  • Application (July/Aug)
  • Written follow up (July/Aug)
  • First round interview (Aug)
  • Second round interview (Aug/Sept)
  • Offer (Sept)
  • Ideal start date: October 1

Employment law and the cost of living crisis

Educational V.
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Employment law and the cost of living crisis

There is no denying that the UK is submerged in a cost of living crisis, with Shelter reporting an increase of 45% (since April 2022) in renters being behind with, or consistently struggling to pay, their rent (an increase to almost 2.5 million renters). It is no surprise that many are turning to second (and even third) jobs to try and increase their income.  

Getting another income stream in itself may cause potential issues in terms of time (and lack of it for family and your loved ones) and increased tiredness, as well as the lack of any work-life balance, but some may see no other option than to take on another job. 

However, further problems may occur when your new income stream impacts your existing job, and not just because of your tiredness and lack of energy. 

Could your new income stream, taken on to help keep your head above water, actually put you in jeopardy of losing your main income? 

Possible implications of taking additional jobs 

As an employee, you will have both express and implied terms within your contract of employment that, if breached, could bring your employment to an immediate end and, in some cases, mean that you have to pay your employer. 

Implied terms include a duty of fidelity (as established in Faccenda Chicken Ltd v Fowler [1986] 3 WLR 288) which, in basic terms, means that the employee must act in good faith and not compete with their employer.  

It would make sense for you to take on another job in your skill set and in a similar industry to your main role, not least because you can capitalise on your expertise and experience. However, this could quite easily mean that you are competing with your existing employer and are therefore at risk of being dismissed for a breach of your contract. 

This implied term does go further, but here I have highlighted the ways in which it could be breached (maybe even innocently) by taking up a second job. 

Express terms are likely to be more obvious and employees should be more aware of them as they will be stated in their contract. 

I discuss below some of the most common express terms of an employment contract that may cause issues when taking on a second role, but the main one to look out for has to be an express clause stating that the employee cannot work for anyone else while employed by the employer (usually without their consent or approval). This is a common clause within employment contracts. This may seem obvious, but it is surprising how quickly you forget all the clauses you sign up to once you are in a job. How many of us actually go back and review our employment contracts regularly? 

Employment contracts, especially those for more senior roles, may also include a clause that states the employee must devote the whole of their time, attention and abilities to the business. Working for another employer, even if it is not a competing business, could breach this clause. If you are working for someone else, can you really be devoting your whole time and attention to your main employer? 

For some roles, employees may also have restrictive covenants (also known as post-termination restrictions) and these will restrict what they are able to do both during their employment and after their employment ends. These are likely to include clauses that prevent the employee from poaching staff and clients from their employer, but could cause the employee problems if they take on a second role that means they are dealing with their main employer’s clients or customers and suppliers, as these are likely to be protected by the restrictive covenants. A breach of these covenants can be very costly, both in defending any legal action and injunction but also in damages. This could lead to the employee losing their second job (through an injunction) as well as their main job and lead to them paying damages and legal fees (something that may be impossible when the very reason they have taken the second job is to help their financial situation). 

Ultimately, taking on that additional income may not be all that simple and could cause you to lose your main income and worsen your financial circumstances. 


“Tell Me About Yourself” How To Answer The Most Common Interview Question

Educational V.
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“Tell Me About Yourself” How To Answer The Most Common Interview Question

“Tell Me About Yourself” How To Answer The Most Common Interview Question

The post “Tell Me About Yourself” How To Answer The Most Common Interview Question appeared first on Distinctive Career Services.

Quick Tips For Handling Employee Disputes

Educational V.
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Quick Tips For Handling Employee Disputes

The bulk of citizens spend much of their daylight at their workplaces; consequently, the state of collaborating with others and surrounding conditions affect their health significantly. Proactively, in any given work environment, people have different ways of perceiving things because everyone is wired differently. This means that we give a distinctive reaction to work situations, thus influencing the interactions we have with people. The large diversity of experience and views proves to be useful; however, it may lead to problems in communication and conflicts between people. It is possible to argue that some conflicts are rather useful, such as the moderate level of conflict between co-workers when it comes to achieving the set goals. Interpersonal conflicts produce tension in the team, such as bullying, conflict in personality, and so on, and are undesirable and can also destroy the individuals as well as the entire team.

The intended purpose of this guide is to help you identify and prevent workplace conflict situations. It is important to define specific personnel skills as the core components for contributing to the elimination of conflict at the workplace rather than as the source of conflict. It focuses on the regulation of conflicts at the workplace at the first tier or pre-suit stage – when they are still not legally contested.

Types of Workplace Conflict

An issue at work, such as low attendance or poor time management, can lead to disputes. A disagreement between individuals can also lead to conflict in the workplace. It can manifest in various forms of behavior (commonly known as workplace incivility), from minor conflicts to more severe forms of unjust behavior, such as bullying and harassment. It might be clear – such as a disagreement – or subtle – like not inviting someone to a work gathering. If you need help with SEO content, consider working with a reliable ghostwriter schweiz.

Clear sources of conflict in the workplace are minor misbehaviors, like impolite verbal and non-verbal actions, any type of bullying or harassment, guidance on how to address bullying and conflict at work, any kind of prejudiced behavior, subpar performance, frequent absences and lateness, inappropriate language, excessive personal internet or email usage, and stealing.

Tips for Managing Workplace Conflict

It could be beneficial to consider your ability to establish and maintain relationships while fostering a culture that is welcoming, respectful, caring, just, and dependable to be better equipped to detect workplace disputes early on.

Intervene at an Early Stage

Conflict always worsens in the workplace if not addressed, and this means that the conflict will only increase in intensity. You must have the competencies and self-confidence as a manager to prevent or disallow early signs of conflict that would later complicate. The positive management of conflict in the workplace will assist in enhancing your team’s productivity and cohesiveness, keeping important essential skills and personnel within the organization, and decreasing staff illness rates. This will be helpful when looking at your management style and elements of conflict and people management.

The following article outlines the steps that can be taken to introduce measures that will likely stop worst-case scenario workplace conflicts from developing in the first place.

Improve Your Understanding for Your Teams

By familiarizing yourself with the individuals in your team and establishing and maintaining relationships with each team member, you will be more equipped to cultivate strong professional connections with them and foresee any possible disagreements within the team. It also allows you to comprehend the individual stressors that could be impacting them in the workplace and freely openly discuss any issues they may be facing with their co-workers (or the job itself).

You ought to recognize what is truly important to your team and keep in mind that each person is unique. What specific things cause stress for them on a personal level? Are they confident and receiving support in their position? Are they feeling a sense of belonging and inclusivity within their team? Provide each team member with a thorough orientation when they begin a new position. This assists in familiarizing yourself with them and helps them acclimate.

Familiarize yourself with how they prefer to work. This promotes efficient collaboration among team members and lessens the likelihood of disputes. Be present and ready to have a conversation. Display compassion and pay attention to their worries. This motivates them to feel comfortable coming to you if they encounter an issue.

Avoid Avoiding Personal Problems

Individuals may not always be capable of separating their household duties and concerns from their personal lives. If you are aware that someone has experienced a loss or is dealing with a relationship ending, they might be more emotional and less tolerant at work than usual.

Employees talking in front of a laptop

Stay Vigilant of Underlying Tensions

Nothing goes unnoticed in the team; it is therefore important that one pays attention to the interactions within the team. Just as tension may never be permanent within a team, deep tension indicates that polarity can occur at any one time, and thus, one ought to watch out for any signs of severe conflict within a team. Many wars commence with small disputes that seem to be as well solved or dismissed almost instantly. Still, they left no marked disagreement, which does not mean, however, that it has been solved. Take the leap and try to confront any indication of impropriety in the classroom if you observe it immediately, be it a comment that is egregious and insensitive (as in a sexist remark) or an attack or disrespect towards any other participant in the class. The message that needs to be passed to the team is clear: unfair treatment at the workplace, such as bullying, is completely unacceptable.

It is recommended to have one-on-one meetings at least once a week and try to create an environment in which people would not be embarrassed to share their project concerns or problems with the team. Find out ways of passing bland conversations to fill out any issues that are slowly brewing unnoticed. For example, you can use data collected by the tools, such as a survey that indicates employees’ discontent with the lack of career growth and development opportunities, to draw attention to possible areas of discontent and open related conversations. In general, a manager should be reachable and actively solve conflict situations in the workplace. If this conflict is not dealt with at the beginning, it tends to exacerbate, thus the need to deal with it. This is also supported by our study of A Guide to Handling Conflict in Today’s Workplace, where we observed that conflict often emanates from managers. Self-evaluation of one’s management style and the conduct exhibited in ascertaining the behavior of others is vital.

The Road To Excellence: Essential Upskilling Tips For Medical Professionals

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The Road To Excellence: Essential Upskilling Tips For Medical Professionals

As medicine evolves with new technologies and treatments, continuous learning is essential in healthcare. Keeping up with these changes is necessary for providing top-notch care. This means staying proactive in education and personal development to meet the demands of an ever-changing field.

Learning ultrasound technology is a game-changer for general practitioners looking to enhance their diagnostic skills. This non-invasive method provides immediate insights into the body, making it an essential tool in patient care. Specialized training improves your abilities and keeps you updated with medical advances. Find out more about how this step can transform your practice.

For seamless professional growth and skill refinement, continue reading to discover tips for medical professionals aiming for career excellence.

Identify Your Upskilling Goals

In the quest for professional development, identifying upskilling goals is the first step toward achieving excellence in the medical field. It’s about understanding where you are, where you want to be, and what it takes to get there.

To set a solid foundation for your upskilling journey, consider the following key strategies:

  • Assess your current skill set: This involves looking candidly at your competencies and recognizing strengths and weaknesses. Understanding your starting point is critical for setting realistic upskilling objectives.
  • Research emerging trends in healthcare: Staying informed about developments in your field helps ensure that your upskilling efforts are relevant and forward-thinking. This might include new technologies, patient care protocols, or healthcare policies, all pivotal in helping you achieve your career goals.
  • Set SMART goals: Goals that are Specific, Measurable, Achievable, Relevant, and Time-bound offer a clear roadmap for your learning endeavors. For instance, mastering a specific ultrasound technique within six months or improving patient communication scores by the following review period provides a focused target to aim for.

In conclusion, strive for excellence in the medical profession as it is a continuous journey. The goals you set today shape your learning path and contribute to your long-term career development and the quality of care you provide.

Explore Relevant Learning Opportunities

As you set your sights on upskilling, finding the right learning opportunities becomes the linchpin for personal and professional growth. With an array of options, choosing the right path can elevate your expertise and broaden your career horizons.

For a deeper dive into expanding your skill set, consider these avenues:

  • Attend workshops and conferences: These gatherings are about listening to keynote speakers and participating in breakout sessions and interactive panels, which can offer deeper insights into specific areas of interest. They serve as a platform to learn from leading experts and to witness firsthand the practical applications of new technologies and methodologies.
  • Enroll in online courses: The beauty of online learning lies in its flexibility and the breadth of subjects available. From short-term courses on patient care techniques to comprehensive programs on medical diagnostics, these courses allow you to learn at your pace and on your schedule. Many platforms also offer certifications upon completion, which can add value to your resume.
  • Seek mentorship from experienced colleagues: A mentor can help you navigate the complexities of your profession, provide constructive feedback on your progress, and share insights from their own experiences. This relationship can be invaluable for learning practical skills not always covered in formal education.

Professional development thrives on continuous learning. Actively seek and engage with relevant opportunities to enhance your skills and contribute to your field’s advancement.

Practice And Apply New Skills

In the journey to upskill, the bridge between theoretical knowledge and practical application is where true mastery is achieved. For medical professionals, the ability to apply newly acquired skills in real-world settings enhances their practice and directly impacts patient care quality.

To effectively practice and apply new skills, consider these focused strategies:

  • Participate in hands-on training: Such opportunities allow you to apply theoretical knowledge in controlled, real-life scenarios, offering a safe space to make mistakes, learn, and improve. These could be through workshops that provide simulated patient interactions or using new technologies under supervision.
  • Seek feedback from peers and mentors: Constructive criticism is invaluable for growth, as it provides insights into areas of improvement you might not have identified yourself. Regularly engaging in peer reviews and discussions about clinical practices can open new avenues for learning and applying skills more effectively.
  • Implement new techniques in your clinical practice: This step is crucial for integrating new knowledge into your daily routine. Start with low-risk environments or situations where you feel most comfortable experimenting with new methods. Documenting outcomes and patient feedback can help gauge the effectiveness of these techniques and guide further refinement.

Learning and application go hand in hand, forming a continuous cycle. Embrace feedback and be adaptable as you integrate new skills. This iterative approach fosters personal growth and keeps your practice at the forefront of medical excellence.

Conclusion

Achieving excellence in healthcare requires dedication, curiosity, and ongoing evolution. Set clear upskilling goals, seek diverse learning opportunities, and apply new skills in practice to enhance expertise and patient care. Embrace this proactive approach for personal and professional growth, aligning with the evolving demands of healthcare.

Learn more about nursing career options here: What Are the Different Types of Nursing Specialties?

Summer vacation: Ensuring fairness and fun in the workplace

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Summer vacation: Ensuring fairness and fun in the workplace

summer vacation

Summer is here, and the excitement is contagious. As the sun shines brighter and the days get longer, employees eagerly await their well-deserved vacation. For HR managers, summer means juggling employee vacation requests while keeping the business running smoothly. It’s a challenge, but with a bit of planning, you can ensure everyone gets their time in the sun. Let’s dive into employee legal entitlements to vacation, how to manage busy schedules fairly, track vacation accrual, and best practices to guarantee everyone gets some downtime.

Understanding employee legal entitlements

First things first, let’s talk about the legalities. In Ontario, the Employment Standards Act (ESA) sets out the minimum vacation entitlements for employees. Employees are entitled to:

  • Vacation time: Two weeks of vacation time after each 12-month vacation entitlement year. This increases to three weeks for employees with five or more years of service.
  • Vacation pay: 4% of the gross wages earned in the vacation entitlement year, which increases to 6% after five years of service.

Ensure your policies comply with these minimum standards. The reality is most workplaces either allow people to accrue vacation from day 1 rather than waiting a year or simply offer up the weeks on day 1 with the assumption that people will use good judgment to stagger vacation over the first year of employment. 

Many workplaces offer 3-4 weeks weeks rather than only the minimum 2 weeks. This is a business and talent retention decision and the number of weeks is ultimately in the employer’s discretion, provided minimum ESA standards are met.

Finally, keep in mind that vacation time and vacation pay are separate entitlements. Employees are always entitled to the minimum vacation time and to receive their vacation pay. This weirdly remains one of the more complex areas of the ESA when trying to figure out entitlements around leaves and terminations, but the secret is to separate out the concepts of “time” and “pay” when doing the assessment.

Managing busy schedules fairly

When summer rolls around, everyone wants to take time off. The key is to manage these requests in a fair and transparent manner. Here are a few strategies to select from:

  1. First-come, first-served: Implement a first-come, first-served policy. Announce when the vacation request window opens, and encourage employees to submit their requests as early as possible.
  2. Seniority-based system: For those with a more tenured workforce, consider a seniority-based system where employees with longer service get priority.
  3. Lottery system: If fairness is a top priority, a lottery system can be an impartial way to allocate vacation time. This can add a fun twist to the process as well.
  4. Staggered schedules: Ensure that not everyone is away at the same time. Stagger vacations so that there’s always sufficient coverage.

Accruing and tracking vacation

Tracking vacation accrual can be a bit of a headache, but it’s crucial for smooth operations. Here are some best practices:

  1. Automate the process: Use HR software to automate vacation accrual and tracking. This reduces errors and makes it easy to see who has how much time off remaining.
  2. Clear policies: Have a clear, written policy on how vacation time is accrued. This should include how much vacation is earned when it can be taken, and any carry-over rules. Include the core components within your employee contracts.
  3. Regular updates: Provide employees with regular updates on their accrued vacation. This keeps everyone informed and prevents last-minute surprises.

Best practices for ensuring time off

Even with the best systems in place, ensuring that all employees get some time off can be challenging. Here are some tips to make it happen:

  1. Encourage early planning: Promote the importance of early vacation planning. This helps in balancing workloads and ensuring everyone gets a chance to take a break.
  2. Mandatory time off: Implement mandatory time off policies if necessary. This ensures that even the most dedicated employees take the rest they need.
  3. Flexible work arrangements: Consider offering flexible work arrangements, like remote work or compressed workweeks, during the summer. This can provide employees with a sense of break without taking formal vacation days.
  4. Cross-training: Train employees to cover for each other. Cross-training ensures that work can continue smoothly even when key employees are on vacation.
  5. Regular check-ins: Hold regular check-ins to review and approve vacation schedules. This keeps everyone on the same page and helps avoid conflicts.

Wrapping up

Summer is a time for relaxation and rejuvenation, especially in our northern climate where there are so few warm weeks of outdoor weather. As HR managers, it’s your role to ensure that employees get the time off they deserve while keeping the business running smoothly. By understanding legal entitlements, managing schedules fairly, tracking vacation accurately, and ensuring everyone gets some downtime, you can create a workplace where everyone feels valued and refreshed.

Remember, a well-rested employee is a productive employee. So, put on your sun hat, grab a cold drink, and start planning those vacations. Happy summer!

By Lisa Stam

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Remote Senior Full Stack Engineer (Rails/Nuxt, 100% Remote) at LegalNature

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Remote Senior Full Stack Engineer (Rails/Nuxt, 100% Remote) at LegalNature

We’re LegalNature, and we automate legal documents and processes. Our mission is to make the legal system easier to understand, less time consuming, and far cheaper for individuals and businesses.
We have thousands of customers that love our product for it’s ease of use. We’re looking for brilliant engineers that can help us deliver the next generation features our users want, without destroying the simplicity that they love.
We’re a 100% remote company and have been for many years. We’re looking for those that are self-motivated and independent. We prefer highly skilled individuals that thrive when given the autonomy to do their best work.
We are primarily based in Europe and the US. Some time overlap with Europe is ideal.


What you’ll be working on:

  • Building brand new products and features from start to finish, for both our end users and our internal team.
  • Propose & implement architectural improvements – our internal app is on Nuxt 3, but our user facing app is on Nuxt 2 and we want to upgrade soon.
  • Improve our testing & build pipeline. We strongly believe in investment in tools for engineering and the team as a whole. Anything that can make us more efficient gives us more time to dedicate to new features down the road.
  • A special focus on pagespeed. We’d like to be one of the fastest Nuxt apps out there. Can you show us the way?


Our Stack:

  • Frontend: Nuxt, Tailwind
  • Design/Prototyping: Figma
  • Backend: Rails, Elasticsearch, Redshift
  • Build/Depoy: Buildkite, Docker, AWS
  • Communication: Slack, Linear, GitHub 


About You:

  • You have at least 3 years JavaScript experience, ideally with a focus on Vue/Nuxt.
  • You have at least 3 years experience with Rails.
  • You’re a self starter and have no problem working on a fully remote team and managing your own time.
  • You get along with others and thrive in a collaborative environment.

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