Author Archive
EXPANDING RETIREMENT ACCOUNT OPPORTUNITIES
By June 30, 2021, California employers with more than 50 on payroll were required to ● offer employees a retirement savings plan such as a 401(k); or ● to facilitate employee access to CalSavers, a state-run savings program for automatic payroll deductions deposited into a Roth IRA.
CAUTIONARY TALE EPISODE 54
SPEED BUMP
On February 10, 2022, California Department of Fair Employment and Housing (DFEH) announced a suit against Tesla, Inc. alleging racial discrimination against Black employees, including segregation to the lowest levels of the workforce.
CHILL, IT’S THE LAW
Each California employer is required to give employees at least one day off during the company’s defined seven-day workweek (e.g., Monday to Sunday; Sunday to Saturday). There are three main exceptions:
CAUTIONARY TALE EPISODE 53
POETIC JUSTICE SMACK DOWN
As larger employers have been discovering lately, arbitration agreements can be more of a curse than a blessing.
KEEPING TIME
Employers must maintain accurate records of all time worked by hourly employees. Labor Code 1174(d). Management may not prohibit employees from keeping a personal record of such work time.
I-9 RULES RE-TIGHTENED
Federal law requires employers to obtain from every new worker a completed Form I-9 and satisfactory supporting documents from Lists A, B and/or C as a condition of hiring. The documents on List B establish identity only, such as driver’s licenses, voter registration cards, or military IDs.
NAIL IT DOWN
In the absence of a writing or factors showing otherwise, California and most other states presume employment relationships are “at-will.” The at-will employee or employer may terminate the relationship at any time, with or without advance notice, and for any lawful reason or no reason.
MIND THE GAP
A troubling March 15, 2022 report shows California’s largest employers have yet to ensure adequate equal employment opportunities in their hiring and pay practices.
CAUTIONARY TALE EPISODE 52
PREDATOR EXTINCTION PROGRAM
The U.S. Equal Employment Opportunity Commission (EEOC) has sued Chipotle, alleging the fast food chain’s management failed to investigate and resolve harassment of young female employees severe enough to force two of them to leave their jobs.
FACE OFF
On February 28, 2022, California Department of Public Health (CDPH) updated its face mask guidance. Effective March 1, 2022, CPDH no longer requires masks for unvaccinated individuals in most indoor public settings, although it strongly recommends that all persons, regardless of vaccine status, continue using well-fitting surgical masks or respirators indoors.