Our June 19 Thursday zoom webcast will feature an update on COVID for Employers presented by Wendy Garcia and Kayla Washington. 10 am at https://us02web.zoom.us/j/8320

The OC Health Care Agency reported 3,091 more cases of the coronavirus between Tuesday, May 31, and Friday, June 3, increasing the cumulative total since tracking began in the county to 575,086.

There were 11,124 new cases reported in the last two-week period as of Friday. The county is averaging about 25 new cases a day per every 100,000 residents.

County officials are now reporting updates to coronavirus-related case counts on Tuesdays and Fridays, following changes to reporting timelines at the state level.

There were 132 people reported in Orange County hospitals with coronavirus on Friday, including 11 who required intensive care.

$5.9 MILLION (Verdict)  Los Angeles Superior
Topic: Employment Law- Subtopic: Wrongful Termination
Detail: Failure to Engage in the Interactive Process

Plaintiff attorneys – Mark I. Lim, Carney R. Shegerian, John M. David (Shegerian & Associates Inc.); Eric A. Boyajian (Law Offices of Eric A. Boyajian, APC

We and our clients need to take the duty to engage in the interactive process most seriously!!!!

Moonlighting OK, But Not Job Performance/Attendance Issues

By Dana Leisinger  Cal Chamber  May 27, 2022

Can California employers require employees to submit written notification/disclosure that they have a second job?

California is very protective of employees who engage in “lawful conduct,” and it is illegal to discriminate against employees or applicants on the basis of such conduct that they engage in during nonworking hours away from your premises. (See California Labor Code sections 96(k), 98.6).

Lawful Conduct

Having a second job, or “moonlighting,” is one example of such lawful conduct. Requiring written notification as noted above could be violative of their privacy and have a chilling effect on the employee seeking a second job.

This right to have a second job does not, however, prevent an employer from having a rule that employees cannot engage in conduct that actually is in direct conflict with your essential interests if the conduct would disrupt your operation.

Right to Discipline

Additionally, an employer has the right to discipline an employee who has performance/attendance issues due to working a second job. For example, if an employee is consistently late due to working another job, that may be addressed.

Also, if an employee is exhausted from the long hours at the second job, or can’t work scheduled time, that too is subject to discipline. The discipline would not be for having a second job, but for the primary job performance/attendance.

If an employer decides to terminate an employee with a second job, it is wise to consult with an attorney to guide the employer through that decision to avoid an appearance that the employer is motivated by the employee’s lawful moonlighting.