Author Archives: Gabrielle Wirth

Gabrielle Wirth

About Gabrielle Wirth

Employers turn to Gabrielle for guidance on how they can comply with the technical employment laws in California, Montana and nationwide while meeting their business needs. Her successful trial experience in a broad range of employment disputes includes wage and hour, whistleblower, wrongful termination, discrimination, harassment, retaliation, breach of contract, and trade secret/noncompetition cases. She also represents employers before a wide variety of state and federal agencies including the EEOC, OFCCP, state human rights agencies, the Labor Commission, the Employment Development Department and OSHA.

Quirky Question # 221, San Francisco Ordinance: Flexible Work Schedule

Question:

We have a part-time employee in San Francisco, CA who works Monday to Friday 9:00 a.m. to 1:00 p.m. as support for our sole salesperson in the Bay Area.  She has recently requested to alter her schedule to work only 3 days a week.  I know there was a new San Francisco law about flexible schedules but we only have two employees in San Francisco so I am sure we are not covered by this law.  Correct? Answer→

Quirky Question #220, Independent Contractors

Question:

I have always understood that California employers that misclassify workers as independent contractors face potential liability, including compensatory damages, penalties and attorney’s fees. I recently heard a news broadcast that mentioned there were cases suggesting that recent court decisions have approved the use of independent contractors in California.  Is that true and what are the takeaways? Answer→

Quirky Question #217, Bereavement Leave in Colorado and Oregon

Question:

An employee in our Corporate Office recently informed Human Resources that she was requesting bereavement leave with respect to her sister’s death last month.  When she was informed of our company policy, that up to 3 days of paid time off may be taken to attend the funeral, she said her attorney friend told her a new law requires two weeks.  I’ve never heard of this law? Answer→

Quirky Question #216, Use of a Photograph of a Former Employee

Question:

A junior member of our marketing department left to join a competitor.  While she was with us, she created numerous marketing brochures with photographs of her demonstrating our product.  We received a letter from the competitor demanding that we remove her picture from our brochures and website and delete her name on any company materials.  It would be very expensive to redo all of our marketing materials, can we ignore her request? Answer→

Quirky Question # 215, Are Capped Vacation Plans Now Disfavored And Should My Company Switch To An Unlimited Vacation Plan?

Question:

We have a new CFO who is upset by the huge amount of accrued vacation we have to carry on the books. We have a cap of two times the annual accrual.  He says most high tech companies like ours have unlimited vacation plans and that this eliminates the need to carry accrued vacation.  Is this a new trend?  And can we implement a new unlimited vacation policy immediately? Answer→

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