March « 2018 « Law Offices of Timothy Bowles | Top Employment Law Firm in Los Angeles

Archive for March, 2018

SAFE HARBOR OR SHIPWRECK?

New U.S. Department of Labor Payroll Audit Independent Determination (PAID) Program to Voluntarily Address Payroll Errors The U.S. Department of Labor (DOL) has announced the imminent launch of the PAID program – Payroll Audit Independent Determination. The program’s intent is to permit employers to self-audit and correct as appropriate their minimum wage and overtime practices, […]

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THE NEED FOR WRITTEN EMPLOYMENT AGREEMENTS

Well-Drafted Contracts Eliminate Uncertainty and Ambiguity Most workers are employed “at-will,” meaning either the employer or employee may end the work relationship at any time for any lawful reason without cause or advance notice. California law generally presumes an employee is employed at-will unless the employee can prove otherwise, such as a manager’s contrary verbal […]

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DO THE MATH

California Supreme Court Sets Out New Formula for Overtime When “Flat Sum” Bonuses Paid Often California employers reward employees with bonuses without realizing the proper way to calculate overtime when doing so.  This can put an employer at substantial risk if miscalculated over significant time for a large number of workers. Depending on the number […]

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ARE YOU DOING EVERYTHING POSSIBLE TO PREVENT WORKPLACE SEXUAL HARASSMENT?

In-Person Interactive Training or Online Mouse Clicking? Most employers with 50 or more on payroll know they are required to regularly provide workplace discrimination and harassment prevention training to their managers. See, California Government Code section 12950.1. With the marked rise in media-reported workplace sexual misconduct claims as a wake-up call, all businesses, no matter […]

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CAUTIONARY TALES EPISODE NINE

Weight Loss and Fitness Chain $8.3 Million Lighter After Citations for Wage and Hour Violations The Labor Commissioner’s latest press release announced citations of $8.3 million against Camp Bootcamp, Inc., dba Camp Transformation Center, which operates 15 fitness and weight loss centers from its Chino headquarters. The citations include a long list of Labor Code […]

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RELIGIOUS OBJECTION TO MANDATORY FINGERPRINTING

Employer Must Properly Address Faith-Based Protest Employers must correctly field and handle an employee’s religiously-based objection to a workplace requirement, even when the employer’s requirement is mandated by law. For example, in Kaite v. Altoona Student Transportation, Inc., plaintiff worked as a Pennsylvania school bus driver for employer Altoona Student Transportation (AST). AST began implementing […]

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IF IT ISN’T WRITTEN, WORKPLACE POLICY IS ANYONE’S GUESS

2018 Employee Manual & Hire-To-Fire Forms Now Available Few conditions can kill a business faster than the absence of a written set of workable policies and related forms (e.g., employment application, exit interview checklist). Without well-crafted, up-to-date written policy guidelines, administrators can lack the boundaries for consistent personnel management, potentially placing employees in a state […]

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CALIFORNIA VERSUS THE FEDS

California Law Restricts Employer Cooperation with Immigration Agents California’s Immigrant Worker Protection Act, AB 450 (the Act), went into effect on January 1, 2018. It creates numerous restrictions to prevent an employer’s voluntary cooperation with worksite immigration inspections. Pursuant to the Act, Government Codes 7285.1 and 7285.2 prohibit employers from voluntarily allowing access to non-public […]

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