Zoe Bekas

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Zoe Bekas defends and counsels employers in the full range of California and federal employment law issues including discrimination, harassment, retaliation, wrongful termination, disability accommodation, and wage and hour disputes. She represents clients in state and federal courts, in arbitration, and before administrative agencies including the California Department of Fair Employment and Housing, the U.S. Equal Employment Opportunity Commission, the California Division of Labor Standards Enforcement, and the California Employment Development Department.

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California is Spooky—California’s Recently Enacted Laws Provide Further Fright (aka Legal Obligations) to California Employers

By Mishell Parreno Taylor and Zoe Bekas on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
Just in time for Halloween and employee handbook update season, the California Legislature has passed an onslaught of new employment legislation sure to give employers compliance nightmares. From expanding the concept of “family” for leaves of absence, to more time to take that supplemental paid COVID-19 leave, protection against discrimination for cannabis use and reproductive … Continue Reading

Watch that Frown: Mere Discouragement Enough to Violate the FMLA

By Zoe Bekas on Posted in Employment Counseling & Workplace Claims Prevention, Medical & Other Leaves
There has never been a better time for employers to train managers on the basics of Family and Medical Leave Act (FMLA) rights and appropriate responses to FMLA requests. Believe it or not, FMLA rights can be violated even if no FMLA leave is denied. That’s the law as affirmed by the Seventh Circuit’s recent … Continue Reading

Work From Home – SOS! Post-Pandemic Legal Hazards

By Zoe Bekas, Montaye Sigmon and Mishell Parreno Taylor on Posted in Employment Counseling & Workplace Claims Prevention, Wage & Hour, Workplace Safety & OSHA
The pandemic has revolutionized the workplaces and remote workforces will almost certainly survive the end of the pandemic. A Gallup poll last fall indicated that 61 percent of workers expect to work remotely at least part of the time in the future, and just 9 percent expect to work from home only minimally or not … Continue Reading

California Supreme Court Clarifies Whistleblower Retaliation Standard

By Zoe Bekas on Posted in Employment Litigation, Whistleblower & Retaliation Claims
California employers can expect to see an uptick in whistleblower claims as a result of a recent California Supreme Court ruling that increases the burden on employers to prove that adverse employment actions are based on legitimate reasons and not on protected reporting of unlawful activities. Seeking to settle “widespread confusion” among lower courts, the … Continue Reading

Family Medical Leave Compliance — A New Years’ Resolution You Should Keep

By Zoe Bekas on Posted in Employee Benefits, Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention
Given the rapidly spreading omicron variant, employers with as few as five employees are well advised to refresh themselves on their obligations under the Family Medical Leave Act (“FMLA”) and its California counterpart, the California Family Rights Act (“CFRA”). Generally, FMLA and CFRA provide 12 weeks of job-protected leave during a 12-month period. Private employers are … Continue Reading

California Voters OK Independent Contractor Status for App Service Drivers

By Damien P. DeLaney and Zoe Bekas on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Wage & Hour
On November 3, 2020, nearly 60% of California voters approved a ballot measure to create a carve-out from the state’s expansive independent contractor law, AB 5, for drivers on technology platforms such as Lyft, Uber, Doordash, and Postmates. Proposition 22 essentially creates a new category of workers by allowing transportation technology companies to continue to … Continue Reading

Minimizing Risks of BYOD Use For Work

By Zoe Bekas on Posted in Employee Handbooks & Policies, Employment Counseling & Workplace Claims Prevention, Labor Relations
Employees seem permanently attached to their smart phones today, but allowing employees to use their personal devices to make work calls, and send and receive work emails can carry substantial risks. Before allowing employees to use their personal cell phones or other devices for work purposes, make sure you have strong electronic communications and Bring … Continue Reading

Don’t Sell Your Company Short: Properly Classify Sales Employees

By Zoe Bekas on Posted in Wage & Hour
While certain sales employees are exempt from minimum wage and overtime requirements under federal and state laws, others are not. Getting it wrong can be a costly mistake, so employers are well advised to ensure their salespeople are properly classified. The federal Fair Labor Standards Act (FLSA) provides that employees engaged in “outside sales” are … Continue Reading

Reducing Risks Associated With Temporary Staffing Agencies

By Zoe Bekas on Posted in Employment & Consulting Contracts, Employment Counseling & Workplace Claims Prevention, Employment Litigation, Uncategorized
Staffing agencies may provide the solution to a company’s short-term staffing needs. However, clients should not assume they can avoid liability for workplace issues by using a staffing agency; indeed, in some cases, a client is exposed to liability as a result of using a staffing agency. Engaging a staffing agency provides no protection against … Continue Reading

A Shield or a Sword? The Role of Performance Evaluations in Employment Litigation

By Zoe Bekas on Posted in Employment Counseling & Workplace Claims Prevention, Employment Discrimination Harassment & Retaliation, Employment Investigations & Audits, Employment Litigation
Performance reviews are intended to provide feedback and identify opportunities for growth. They can also help an employee understand how well the employee is meeting the employer’s expectations. But make no mistake – the significance of performance reviews does not always cease at the time of termination. If the employment relationship goes south, performance reviews … Continue Reading
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