Author Archive
BARBOSA V. IMPCO TERMINATING AN EMPLOYEEFOR MISTAKENLY FALSIFYING TIME CARD VIOLATES PUBLIC POLICY
Barbosa v. IMPCO – Terminating an Employee for Mistakenly Falsifying Time Card Violates Public Policy Although well-established law in California holds that an employer may not retaliate against an employee who has a valid wage claim, a November 30, 2009 appellate court ruling also protects employees against retaliation for mistakenly believing they have a valid […]
BLURRING THE DISTINCTION BETWEEN DISCRIMINATORY CONDUCT AND HARASSMENT: CALIFORNIA SUPREMES DECIDE ROBY V. MCKESSON CORP.
Blurring the Distinction between Discriminatory Conduct and Harassment – California Supremes Decide Roby v. McKesson Corp. As a result of a November 30, 2009 decision, the California Supreme Court (the Court) has now paved the way for employees to more easily establish harassment claims against individual supervisors. Toward the end of her 25-year customer service […]
THE CALIFORNIA ADMINISTRATIVE EXEMPTION
The California Administrative Exemption Under California labor laws, certain provisions of the Industrial Welfare Commission (IWC) Wage Orders – including California overtime law and meal and rest period premiums – do not apply to persons employed in an exempt administrative capacity. An exempt administrator is primarily engaged (51%-plus) in high level “desk-bound” planning, organizing, and […]
NEW EEOC POSTING REQUIREMENT FOR EMPLOYERS EFFECTIVE NOV. 21, 2009
NEW EEOC POSTING REQUIREMENT FOR EMPLOYERS EFFECTIVE NOVEMBER 21, 2009 The Equal Employment Opportunity Commission (EEOC) has revised its “Equal Employment Opportunity is the Law” poster to address two new federal employment discrimination laws: The Americans with Disabilities Act Amendments Act of 2008 (ADAAA); and The Genetic Information Nondiscrimination Act of 2008 (GINA) Employers covered […]
THE CALIFORNIA EXECUTIVE EXEMPTION
The California Executive Exemption Under California law, provisions of the Industrial Welfare Commission (IWC) Wage Orders – including overtime compensation and meal and rest period premiums – do not apply to persons employed in an executive capacity. This exemption is for executives primarily engaged (51%-plus) in managing at least two personnel below them in the […]
HERBALIFE’S AFTERLIFE BATTLE CALIFORNIA SUPREME COURT AFFIRMS SEVERE OR PERVASIVE REQUIREMENT FOR SEXUAL HARASSMENT CLAIMS
Herbalife’s Afterlife Battle: California Supreme Court affirms severe or pervasive requirement for sexual harassment claims The California Supreme Court, for the second time in the past four years, has affirmed that sexually harassing conduct must be either “severe” or “pervasive” to be actionable sexual harassment. The decision stems from a high profile suit by Suzan […]
IS YOUR COMMISSIONED INSIDE SALES REPRESENTATIVE EXEMPT FROM OVERTIME?
IS YOUR COMMISSIONED INSIDE SALES REPRESENTATIVE EXEMPT FROM OVERTIME? “Commission wages” are compensation based proportionately on the value or amount of the item or service sold. An “inside sales representative” sells merchandise in a store or sales lot or sells products or services via a company telephone. In contrast, “outside sales representative” means any person, […]
THE CALIFORNIA COMPUTER PROFESSIONAL EXEMPTION
The California Computer Professional Exemption Under California law and Wage Orders, a “computer professional” is exempt from overtime compensation if he or she is “highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, or software engineering.” In addition, he or she must be primarily […]
DO YOU KNOW YOUR CALIFORNIA WAGE ORDER?
Click here for our more recent article about California Wage Orders (updated June 2, 2017). DO YOU KNOW YOUR CALIFORNIA WAGE ORDER? The California Industrial Welfare Commission (IWC) Wage Orders regulate wages, hours and working conditions. Employers must comply with the IWC Wage Order and California labor laws applicable to their business or industry. For […]
UPDATE: CALIFORNIA EMPLOYERS MAY NOW REDUCE EXEMPT EMPLOYEE SALARIES IN EXCHANGE FOR SHORTENED WORKWEEK
During these challenging financial times some employers are finding they need to temporarily reduce costs, including employee payroll. Fortunately, the California Department of Labor Standards Enforcement (DLSE) has recently issued an opinion letter allowing employers to reduce exempt employee salaries in exchange for a shortened workweek. This new August 19, 2009 opinion letter flatly contradicts […]