Author Archive
PRECIOUS PAPER
Wage-related lawsuits are a booming California industry. An employer’s “ounce of prevention” must include continual creation and maintenance of complete and accurate pay records. Even if a former worker’s allegations are groundless, deficient recordkeeping leaves a company wide open to wage “theft” claims – e.g., off-the-clock unpaid work hours; meal period deprivation – that can be very difficult to disprove.
TIME CUSHION
California’s Paid Family Leave (PFL) is a temporary disability program administered under the state’s Employment Development Department (EDD) to provide wage replacement benefits when a person must be off work in certain circumstances.
HANDBOOK HELPER EPISODE 8
KEEPING IT TIGHT
Notwithstanding the decriminalization of marijuana use in this state, California employers are within their rights – and right minds – to establish and enforce strict rules on employee use, possession, and/or sale of illegal drugs, controlled substances and alcohol.
BOOZE SCHOOL
The Responsible Beverage Service (RBS) Training Program Act of 2017 (AB 1221) rendered formerly voluntary training for alcohol beverage servers and their managers mandatory.
HANDBOOK HELPER EPISODE 7
MUM’S THE WORD
In addition to implementing written confidentiality/nondisclosure agreements, a confidentiality policy can remind employees of their ongoing responsibility to protect the company’s trade secrets, customer data and other confidential information.
CLEARER THAN MUD
Earlier we detailed the latest changes in the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). See What’s New In 2022: Kickin’ Corona: Cal/OSHA Further Revises Testing and Prevention Standards (May 6, 2022).
WORKPLACE BOUNDARY SETTING
Every two years, California employers with five or more on payroll must provide at least two hours of classroom or other effective interactive sexual harassment training and education to all California supervisory employees and at least one hour of such training to all nonsupervisory employees.
HANDBOOK HELPER EPISODE 6
POSITIVE PUNISHMENT
Although seemingly straightforward, progressive discipline policies can lead to trouble if not properly written or implemented.
Progressive discipline imposes increasingly harsher consequences upon an employee’s repeated misconduct, such as:
DEFINITE MAYBES
An employer may or may not have to compensate a worker for on-call time depending on the restrictions on that person’s actions and movements. The dividing line – not necessarily definite in every case – is whether the employee is “subject to the control of the employer” (controlled standby) or merely available if he/she chooses to respond (uncontrolled standby).
BUILD A BETTER TEAM
Clear, written employee policies assist both employers and employees to navigate the oft-times murky field of California employment law. They are the foundation for workplace legal compliance and productivity.