Blog
KNOW, THEN GO
California employers must abide by a spate of rules and tests governing independent contractor classification. California’s strict “ABC” test considers all workers employees unless a company can establish that the worker (a) is free from its control and direction; (b) performs work outside the usual course of the company’s business; and (c) operates as an independent business of the same nature as the work performed.
HANDBOOK HELPER EPISODE 42
WORK TIME OFF FOR VOTING
An employee whose scheduled shift does not permit time outside of work to vote in a public election may take up to two paid hours off to do so. The employee must give two days’ advance notice and receive written supervisor approval.
DEFINING “NO”
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. New employees must complete this training within six months of hire.
CAUTIONARY TALE EPISODE 82
POULTRY PROCESSORS NAILED FOR CHILD LABOR VIOLATIONS
$4.8 Million in Back Pay and Penalties
The Los Angeles federal court has approved a settlement requiring several Southern California poultry processors to pay $221,919 in penalties and $4.8 million in back pay to 486 poultry workers. $1 million of the latter is profits earned off illegal child labor, as is $171,919 of the penalties.
SCORCH PREVENTION
Protecting Workers from Heat Illness
With summer almost upon us, Cal/OSHA’s May 6, 2024, news release reminds employers to comply with heat illness prevention requirements.
HANDBOOK HELPER EPISODE 41
JURY AND WITNESS DUTY POLICIES
California employers of all sizes must provide protected leave to employees requiring time off to serve on juries or appear in court as a witness in compliance with a court order, subpoena, or other lawful means.
TEAM BUILDING INSURANCE
Workplace Policy Handbook & Forms for 2024
It is a borne-out truth that Labor Code-compliant policies make for smoother workplace interactions and relationships. They also help prevent employee lawsuits.
FREEING ENTERPRISE
FTC Prohibits Employee Noncompetes
The Federal Trade Commission (FTC) – empowered to protect the public from deceptive or unfair business practices – has issued a nationwide rule prohibiting employer noncompete agreements (Rule).
COP SWAP CHOPPED?
U.S. Supreme Court Rules Lateral Transfer Was Discriminatory
The U.S. Supreme Court ruling in Muldrow v. St. Louis has opened employers to discrimination charges for “lateral transfers” (moves from one part of operations to another) even without significant harm to the employee.
A new head of the St. Louis Police Department’s Intelligence Division transferred a plainclothes female sergeant with an outstanding record and years of experience to a uniformed job supervising patrol officers so he could install a male replacement. The transferred officer lost no wages or rank. Nevertheless, she sued the City for sex discrimination under Title VII of the Civil Rights Act of 1964 (Title VII) because the new position took away the prestigious responsibilities, schedule, and perks of the prior position.
CAUTIONARY TALE EPISODE 81
SECOND CHANCE RESCUE
Healthcare Giant Pays For Unlawfully Rescinding Job Offer Over Criminal History
The California Civil Rights Department (CRD) has obtained a $51,000 settlement from Octapharma Plasma for allegedly rescinding a job offer based on criminal history without considering significant mitigating factors and evidence of rehabilitation.