Monthly Archives: June 2020

4th of July Discount – Employment Law and HR Consultation

Celebrate the 4th of July with a 25% Discount on Our Most Popular Plan!

Employment Law and HR Consultation

Starts at only $187/month and includes the following:

Employment Law, Human Resource and Business Management Consultation


Online Harassment Prevention Training for Entire Staff


Up-to-Date Employee Handbook


Unlimited Virtual Employment Law, Human Resource and Business Management Consultation – All clients enrolled in one of our affordable consultation plans receive employment law, human resource and management advice and counseling from our staff of experts. Clients call or email our in-house, licensed California attorneys and human resource and MBA consultants as often as they need to for answers to questions and strategic advice.

No Hourly Fees and No Time Limits – There is no limit on the number of times consulting service clients can call or write during the year and no time limit on how long clients can talk with our team of experts. Clients never have to worry about calling or writing too much – we want our clients to get all the help they need!

We know you have questions in these unprecedented times. The law is constantly changing and you need to be able to focus on the success of your business while keeping yourself and your family healthy. Whether you have questions about the new leave laws, layoffs, employees working remotely, or more, we can help.

Our solutions let you focus on what you do best – while we take care of the rest!

About Us

The Law and Management Resource Center (LMRC) is an employment law, human resource and business management consulting and training firm. LMRC works with human resource professionals and representatives of businesses and organizations of all sizes and industries.

A Professional Team You Can Trust – Includes Experienced California Attorneys!

Our employment law and human resource services are provided by in-house, licensed California employment law attorneys who are also experienced human resource executives. California laws are unlike any other, which is why it’s imperative to not just work with an attorney, but with a California attorney.

While our attorneys possess years of courtroom experience, our goal is to help keep our clients out of court through strategic counseling, education and information. Our consultation services are not provided as a feeder to a litigation department.

Help with business management needs is fulfilled with the additional expertise and knowledge of an MBA consultant.

California businesses do business with us because they know . . .

education and information help prevent litigation and promote success in an organization

Our Remote/Virtual Services

LMRC can be your remote/virtual HR department or an essential resource to your current staff of HR professionals. We offer affordable annual consultation plans, online and in-house training (including harassment prevention, employment law, management skills), document drafting and review (including employee handbooks, contracts, forms and policies) and hourly and project-based HR department and business management services.

Your One-Stop-Resource for employment law, human resource and business management needs!

Why is LMRC So Popular?

Contact us at or (858) 376-7737.

full shrm 2020

COVID-19 Antibody Testing of Employees in California

COVID-19 Antibody Testing of Employees

covid 19 antibody testing employees california

According to recent regulatory guidance issued by the Equal Employment Opportunity Commission (EEOC), employers are prohibited from mandating that employees take a COVID-19 antibody test prior to returning to work. The EEOC guidance states that mandating such testing would violate the Americans with Disabilities Act (ADA). The EEOC regulatory guidance pertains to antibody or serology tests to determine whether a person was infected with COVID-19 (regardless of whether they are asymptomatic) and have developed antibodies to the virus.

This EEOC regulatory guidance coincides with a recent policy directive issued by the Center for Disease Control and Prevention (CDC) which stated that antibody testing should not be used to determine if an individual is immune to COVID-19 and/or to make a decision to allow workers to return to their worksite.

In issuing the regulatory guidance, the EEOC stated that requiring employees to submit to a COVID-19 antibody test prior to returning to the workplace would violate the ADA since antibody testing under the ADA constitutes a medical examination. Furthermore, the EEOC stated that such mandated antibody testing would not be exempt under the ADA’s “job related and consistent with business necessity” exemption which allows medical exams or inquiries of current employees.

This recent regulatory guidance overturns a prior guidance issued by the EEOC in which it had stated that employers were permitted to administer COVID-19 viral tests to employees prior to allowing them to return to work in order to determine if the employees were actively infected with the virus.

In overturning its prior regulatory guidance, the EEOC stated that antibody and viral tests are separate and distinct types of tests and that viral tests are permissible while antibody or serologic tests are prohibited under the ADA because the CDC has concluded that antibody testing has certain limitations, including the potential for false positives and a lack of data regarding whether the presence of antibodies validates the immunity of a person to COVID-19 for a period of time.

Employers are advised to continue to monitor guidance on this topic, as the EEOC has stated it may adjust its regulatory guidance on this issue as it continues to monitor recommendations issued by the CDC.               

full shrm 2020

Affordable Online Discrimination and Harassment Prevention Training in California

Do You Know Who California Employers Trust for 

Harassment and Discrimination Prevention Training?

We Do . . . Because They Tell Us . . . It’s US!

discrimination prevention training, harassment prevention training

harassment prevention training san diego, online harassment prevention training

San Diego’s “Go-To” Trainers for Those Seeking to 

Prevent Harassment and All Forms of Discrimination

For years, employers recognizing that a positive work environment promotes enhanced morale and increased productivity have been taking advantage of LMRC’s training to help their employees prevent harassment, discrimination and bullying.

Now, You Can Take Advantage of Our “Buy 1 – Get 1 Free” Discount!

Only $11 per Employee and $21 per Supervisor!

online harassment prevention training, online discrimination training

The Benefits of Our Online Training:

  • Accessible via computer, tablet and smartphone 24/7 from anywhere with internet access.
  • Individuals can complete training at their own pace.
  • Start, pause and pick-up where stopped feature included.
  • Completion of training is tracked for employers.
  • Certification – both attendees and employers receive certificates of completion demonstrating compliance with the law
  • Qualified Trainers – our training was developed by our own experienced, in-house California employment law attorneys and professional educators who meet the legal trainer requirements.

Take Advantage of this Great Deal before it Expires on June 26, 2020

Employee (non-supervisor) 1-Hour Training – 2 for $22 = only $11 per person

Supervisor 2-Hour Training – 2 for $42 = only $21 per person

Buy extra programs now at discounted cost and save for use later!


Interested in More?

Consider our Most Popular Employment Law and HR Consultation Plan

2 Months FREE with Your Annual Virtual Employment Law and HR Consultation Plan –

Starting at only $104/month for New Clients

The Law and Management Resource Center (LMRC) is an employment law, human resource and business management consulting and training firm. LMRC works with human resource professionals and businesses and organizations of all sizes and industries. LMRC offers affordable annual consultation plans, training (including harassment prevention, employment law, management skills, interviewing and presentation skills), document drafting and review (including employee handbooks, contracts, forms and policies) and hourly and project-based HR department and business management services.

Discounts Expire June 26, 2020

Contact us at or (858) 376-7737.

full shrm 2020

Legal Concerns Due to COVID-19 in California





Employers should prepare for an increase in litigation and proceed with diligent attention to compliance with employment practices required prior to the COVID-19 pandemic and new requirements arising out of the pandemic. Following is a review of some of those practices.

Exempt Employee Pay and Status Requirements

In response to the pandemic, many employers furloughed and laid off employees. A practice employed by some employers has been to ask exempt employees to work reduced schedules (e.g., working every other week, working less days each week, working less hours each day).

Work During Time Off

In some instances, exempt employees are asked to perform some work during time off. In other instances, employees unilaterally decide to perform some work during time off to ensure responsibilities are met without interruption. Employers must be mindful of the requirement that an exempt employee receive a full week of pay if the employee works any part of a work week – any part at all! A failure to provide timely payment can also result in penalties, and they can add up quickly! Thus, it is vital to ensure that no work is performed by an exempt employee in a work week during which the employee is supposed to be on furlough. Employees should be aware that working while furloughed can also impact unemployment benefits.

Reduced Salaries

With less or no revenue for months, some employers may have reduced or considered reducing the salaries of exempt workers. It is essential that the salaries of these workers continue to meet the minimum required thresholds, however, for an employer to continue to classify and treat these employees as exempt.

Exempt Job Duties

Another common practice undertaken by employers during the pandemic has been to expand the job duties of exempt employees to ensure work typically performed by workers who were furloughed or laid off still gets done. Employers should be reminded of job duty tests that must be met for exempt employees to be classified as exempt (e.g., more than 50 percent of the employee’s time must be spent performing exempt duties). It is important that employers ensure that modified and/or additional duties do not reduce the overall duties to be performed by the employee below the “more than 50%” threshold, for this could jeopardize the employee’s exempt status. In addition, as a result of an employer laying off or furloughing employees, individuals classified as exempt under the executive exemption may no longer be customarily and regularly directing the work of two or more other employees. Changes may be required and those employees may need to be reclassified and treated as nonexempt employees.

Overtime Calculations – Hazard Pay, Bonuses and Incremental Pay Increases

Some employers have provided nonexempt employees with hazard pay, bonuses or incremental pay increases to reward workers reporting to work during the pandemic. It is important for employers to consider the implications these pay increases might have with respect to overtime pay, as various forms of additional pay that may be provided to a nonexempt employee must be included in the calculation of any overtime pay.

Remote Work

Stay-at-home orders forced many employers seeking to continue operations to rework how their employees work. Many employees are now working from home. The fact that an employee is working from home does not change an employer’s responsibilities to comply with employment laws, including laws relating to wages, proper record maintenance, workers’ compensation coverage and other required benefits.

Employers must also comply with local ordinances that cover individuals performing work within certain geographic parameters. For example, employees working from home may be entitled to higher hourly wages and increased paid sick leave as a result of their home being located within an area covered by a city ordinance. Failure to provide wages in compliance with these ordinances could lead to claims for unpaid wages, penalties and more.

Employers must also be certain to reimburse employees for expenses incurred in the performance of work at home. California Labor Code Section 2802 requires that an employer indemnify an employee “for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties…”

Employees must also comply with notice requirements applicable to remote workers.

Documentation and Recordkeeping Requirements

With new laws come new requirements related to documentation and maintenance of records. It’s important to know what documents are required, which documents must be provided, which ones cannot be requested and for how long records must be kept.

COVID-19 Screening

To prevent the spread of the Coronavirus, employers are screening employees for COVID-19 symptoms prior to employees entering the worksite. Employers should be aware that time spent by employees awaiting screening and during the screening should be treated as compensable time. Claims for unpaid work time and penalties could be just around the corner! The likelihood of claims being filed under the Private Attorneys General Act (PAGA) through which an employee can file claims on behalf of other employees significantly increases the risks of noncompliance, too.


Employers must also be aware of the potential for claims of discrimination. Although COVID-19 is not necessarily a covered disability because it is transitory in nature, an employer could still be held liable for discrimination if it fails to engage in the interactive process required by laws enacted to prevent disability discrimination. Employers must not overlook this obligation. The law leaves no room for automatic assumptions or denials.

Age, race and gender discrimination claims may also be filed by individuals who have lost employment.

Workers’ Compensation, Negligence, Gross Negligence, Retaliation, Wrongful Termination and More

Employers should also be attentive to preventing other potential claims, including:

  • workers’ compensation claims if employees become infected with COVID-19;
  • claims alleging negligence of gross negligence, and failure to take necessary steps to protect employees and customers from exposure to COVID-19; and
  • claims of retaliation and wrongful termination by employees who refuse to report to work because of fear of exposure to COVID-19 at the workplace.

The List Goes on . . . So, Buckle Up your Legal Seatbelt

The Road to the Courthouse is Winding and It’s Getting More and More Crowded!

full shrm 2020