Blog
LETTER FROM LIBERIA
The Journey Continues
Another World, Made from America I have on occasion offered glimpses of my volunteer work in West Africa. My Pro-Bono Life: Purpose is Prime: Why West Africa? Why Literacy? (February 20, 2023); Small Planet, Big Dreams; African Literacy Campaign in Liberia and Ghana (October 14, 2022). I have been back Liberia in for a week, with these thoughts over […]
HANDBOOK HELPER EPISODE 22
Policy Should Establish Management’s Discretion on Pay Rates
Employers who reserve the right to set compensation rates and pay random, unexpected discretionary bonuses should include a clear handbook policy confirming these points. Policy Drafting Tips: Confirm compensation rates are set and/or revised upward and downward at the company’s sole discretion in adherence with the California Fair Pay Act; Include a list of determining pay […]
A MEMORABLE $3.6M LESSON
“Unforgettable” Roofing Co. Hit for Knee-Jerk Retaliation and Intimidation
Not So Fondly Recollected Roofer Unforgettable Coatings and its Final Touch painting subsidiary have agreed to pay the U.S. Department of Labor (DOL) $3.6 million for falsifying pay records, not paying overtime, having employees work on weekends without pay, and intimidating those employees who dared to complain about their illegal practices. The citations involved hundreds of workers in Arizona, Nevada, Utah, […]
HANDBOOK HELPER EPISODE 21
Split Shifts Policy
PAID PAUSES California employers must ensure hourly workers receive additional one-hour “split shift” pay when scheduled or required to work two distinct work periods in the same workday separated by more than a one-hour meal break, such as an employee who works the 10:00 a.m. to 1:00 p.m. shift and returns for the 4:00 p.m. to […]
AGE DISCRIMINATION: EMPLOYEE’S SUSPICION NOT ENOUGH
Older Worker Needs More Than Her Belief of Unequal Treatment
The federal Ninth Circuit Court of Appeals recently confirmed that a former worker’s self-professed speculation that her employer terminated her due to her age and national origin was insufficient to establish a discrimination claim. Opara v. Yellen. Joan Opara served for 27 years as an IRS Revenue Officer. After the agency terminated her for alleged […]
HANDBOOK HELPER EPISODE 20
Overtime Policy
BURNING THE MIDNIGHT OIL California employers must pay overtime to non-exempt employees for work in excess of eight hours per workday or 40 hours per workweek. Companies should thus include a clear handbook policy describing such rules. Policy Drafting Tips: Require non-exempt employees to work overtime as needed on a regular or occasional basis; Attempt, but […]
CAUTIONARY TALE EPISODE 64
Dept. of Labor Half-Million Assessment Against Four California Care Homes
FEDS TARGET CAREGIVING INDUSTRIES The Wage and Hour Division (WHD) of the federal Department of Labor has aimed a compliance initiative at home health services, nursing homes, residential facilities and other employers focusing on care services. In 1,600 investigations since 2021, the WHD has found violations in 80 percent of the cases, recovering “$28.6 million in “back wages and […]
DISORDER INSURANCE
Workplace Policy Handbook & Forms for 2023
In an annual ritual, the state of California has modified and expanded Labor Code standards. Best practice is to keep pace with sound and up-to-date polices and written business practices. We offer suitably upgraded “hire-to-fire” forms and a template employee policy manual. Updated for 2023, our model forms include: Employment application and accompanying job description […]
Federal Court Approves Mandatory Workplace Arbitration
Out-of-Court Contracts The California Legislature has tried for years to stop mandatory arbitration provisions in employment contracts. The Governor or a court has overruled each such effort because of conflict with the Federal Arbitration Act (FAA). The latest attempt, AB 51, an admittedly attempted end run around the FAA, was to become effective on January […]
HANDBOOK HELPER EPISODE 19
Timekeeping Policy
Fourth Dimension Attention IT’S IN THE CARDS Employers must maintain complete and accurate timekeeping records, whether electronic, handwritten, or punch clock. Such records protect all concerned, for example enabling an employer to refute a nonexempt employee’s claims for unpaid overtime, off-the-clock hours worked, and missed, shortened or late meal breaks. Thus, a properly drafted timekeeping […]