Blog
Federal Court Approves Mandatory Workplace Arbitration
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).
HANDBOOK HELPER EPISODE 19
Timekeeping Policy
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.
MY PRO-BONO LIFE
While some say that the past one hundred years delivered lessons that have enabled a more stable and interdependent world, we need not look very far for signs to the contrary – decaying, ineffective educational systems, growing pharmaceutical dependence for emotional “stability,” environmental deterioration, and destruction of human rights and civil liberties to “fight” faceless terrorism.
WHAT’S NEW IN 2023
PANDEMIC LEGACY
California Governor Gavin Newsom will end the COVID-19 State of Emergency February 28, 2023.
Effective February 3, 2023, Cal/OSHA “non-emergency”/prevention regulations replaced the prior emergency temporary standards. They apply to most California workers not covered by the Aerosol Transmissible Diseases rules, to remain in effect for the next two years, the recordkeeping subsections for three years.
CAUTIONARY TALE EPISODE 63
EEOC Obtains $2 Million Settlement with McDonald’s Franchisees for Tolerating Sexual Harassment
Arizona owners of 18 California, Arizona, and Nevada McDonald’s franchises have agreed with the federal Equal Employment Opportunity Commission (EEOC) to pay $1,997,500 to settle a sexual harassment lawsuit.
MANDATORY NOTICES UPDATE
Workplaces Notices Must Be Current
California and the federal government require employers to distribute or post numerous notices on workplace laws and complaint procedures.
CAUTIONARY TALE EPISODE 62
Department of Labor $5.6 Million Judgment for Drivers Miscast as Independent Contractors
California is notorious for penalizing improper classification of employees as independents. Not to be outdone, the federal Department of Labor is also cracking down on employers who similarly miscast workers.
BOUNDARIES, EXPLAINED
Mandatory Sexual Harassment Prevention Training
Every two years, employers with five or more on payroll must provide at least two hours of classroom or other effective interactive sexual harassment prevention training and education to all California supervisory employees and at least one hour of such training to all nonsupervisory employees working on-site or remotely within California.
CAUTIONARY TALE EPISODE 61
TAKE CARE WITH CAREGIVERS
Many in the home care industry mistakenly pay hired caregivers as independent contractors.
Case in point: the Labor Commissioner has cited two related agencies, Angel Connection Nursing Care and Angel Connection Nursing Services of Long Beach – and their owners individually – $1.8 million for misclassifying 66 employees as independents.
EMPLOYER’S MANDATORY SHOW & TELL
New State Guidance on Pay Rate Transparency
Buried among previous online guidances on the California Equal Pay Act, the Labor Commissioner has issued FAQs to shed light on SB 1162, California’s new pay transparency (disclosure) law.