Blog
CAUTIONARY TALE EPISODE 65
WHO’S NEXT?
The Wage and Hour Division (WHD) of the federal Department of Labor has published a 2022 Southern California Garment Worker Survey after random investigations of 50 area contractors. The results were abysmal:
THE WRONG THING TO DO: NOTHING
It’s the pro bono work that brings the greatest compensation: The light in the eyes, hope rekindled, the dream of creating a future worth living. From last week’s Letter from Liberia, the journey leads to Saturday, March 25, 2023.
What’s New In 2023
REPORTING PAYROLL PROFILES
As previously reported, effective January 1, 2023, Senate Bill (SB) 1162 requires California employers of 100 or more employees and/or 100 or more workers hired through labor contractors (i.e., staffing or temp agencies) to report annual pay and hours-worked data by job category, sex, race, and ethnicity to the Civil Rights Department (CRD) by the second Wednesday of every May (moved from the prior annual reporting date of March).
LETTER FROM LIBERIA
The Journey Continues
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 the first few days.
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.
A MEMORABLE $3.6M LESSON
“Unforgettable” Roofing Co. Hit for Knee-Jerk Retaliation and Intimidation
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.
HANDBOOK HELPER EPISODE 21
Split Shifts Policy
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 7:00 p.m. shift.
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.
HANDBOOK HELPER EPISODE 20
Overtime Policy
California employers must pay overtime to non-exempt employees for work in excess of eight hours per workday or 40 hours per workweek.
CAUTIONARY TALE EPISODE 64
Dept. of Labor Half-Million Assessment Against Four California Care Homes
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.