Archive for August, 2018
WHEN IMAGE IS THE THING
Required Uniforms are Employer’s Responsibility Under California Labor Code section 452, employers may require workers to wear uniforms of a specified color, quality, texture, style and form so long as the employer provides and maintains them. See, Dress to Impress (July, 2011). Unless the clothing is commonly worn within a particular occupation and can be […]
PAST PAY IS PASSÉ
California’s Ban Clarified On Applicant Salary History Intended to eliminate traditional disparities in pay levels for the same or similar work, new California Labor Code section 432.3 prohibits employers from seeking an applicant’s salary history. See, What’s New 2018 – Salary History (December 2017). On the other hand, such employers must disclose a job position’s […]
PART-TIMERS IN CALIFORNIA
Same Rules for Rest Breaks, Meal Periods and Paid Sick Leave Hiring workers for shortened hours or for fewer days weekly does not absolve an employer from complying with the full range of workplace legal requirements. In fact, greater attention may be required with part-time employees to avoid the wage and hour pitfalls. Paid Rest […]
KNOWLEDGE IS POWER
Changes to California’s Mandatory Workplace Notice and Pamphlet on State Benefit Programs California employers must conspicuously display required labor posters or notices where all employees may view them in each company location. The posters cover a broad array of topics including minimum wage requirements, safety and health requirements, workers’ compensation information, and whistleblowing protection. California […]
PLEASE STANDBY
When Employees Earn On-Call Pay Some employers require workers to remain “on-call” or on “standby” outside scheduled hours, either at the worksite or off the premises. Depending on the circumstances, a company may be required to pay an hourly employee for on-call time, including all resultant overtime at the correct overtime rate. See The Basics […]
WAKE UP CALL
Call Center Accused of Ignoring Sexual Harassment Complaints Settles Suit for $3.5 Million The U.S. Equal Employment Opportunity Commission (EEOC) has announced court approval of a $3.5 million payment to resolve a sexual harassment lawsuit against Irvine, California employer Alorica, Inc., a call center and technology services business. The government alleged the company had condoned […]
CALIFORNIA PAID FAMILY LEAVE OVERVIEW
Is California’s “Paid Family Leave” a Protected Leave of Absence? Employers are sometimes uncertain how to properly respond to an employee’s request for Paid Family Leave because the name is somewhat misleading. Some unpaid “leaves of absence” (for example for medical conditions or family emergencies) are legally “protected,” meaning the employer must accept the eligible […]
CAUTIONARY TALES EPISODE 16
Spa Nailed for $1.2 Million, “Wage Theft” The California Labor Commissioner’s Office has announced large citations against Young’s Nail Spa in Temecula, for misclassification of 36 workers as independent contractors and for wage theft, paying by the service instead of paying them hourly and overtime in spite of 50-hour weeks. The salon was also […]
CAUTIONARY TALE EPISODE 15
Drywall Company Plastered With Nearly $2 Million in Citations The Labor Commissioner has again looked to the construction industry for its latest round of wage theft citations. A July 24, 2018 release announces that Fullerton Pacific Interiors, Inc. will have to pay over $1.9 million for underpaying several hundred workers over a nearly two-year period. […]