Improper conflicts of interest occur whenever employees are involved in circumstances dividing their loyalties between the employer’s best interest and the employee’s or a third party’s.
Wage-related lawsuits are a booming California industry. An employer’s “ounce of prevention” must include continual creation and maintenance of complete and accurate pay records. Even if a former worker’s allegations are groundless, deficient recordkeeping leaves a company wide open to wage “theft” claims – e.g., off-the-clock unpaid work hours; meal period deprivation – that can be very difficult to disprove.
California’s Paid Family Leave (PFL) is a temporary disability program administered under the state’s Employment Development Department (EDD) to provide wage replacement benefits when a person must be off work in certain circumstances.
Notwithstanding the decriminalization of marijuana use in this state, California employers are within their rights – and right minds – to establish and enforce strict rules on employee use, possession, and/or sale of illegal drugs, controlled substances and alcohol.
The Responsible Beverage Service (RBS) Training Program Act of 2017 (AB 1221) rendered formerly voluntary training for alcohol beverage servers and their managers mandatory.
In addition to implementing written confidentiality/nondisclosure agreements, a confidentiality policy can remind employees of their ongoing responsibility to protect the company’s trade secrets, customer data and other confidential information.
Earlier we detailed the latest changes in the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS). See What’s New In 2022: Kickin’ Corona: Cal/OSHA Further Revises Testing and Prevention Standards (May 6, 2022).
Every two years, California employers with five or more on payroll must provide at least two hours of classroom or other effective interactive sexual harassment training and education to all California supervisory employees and at least one hour of such training to all nonsupervisory employees.
Although seemingly straightforward, progressive discipline policies can lead to trouble if not properly written or implemented.
Progressive discipline imposes increasingly harsher consequences upon an employee’s repeated misconduct, such as:
An employer may or may not have to compensate a worker for on-call time depending on the restrictions on that person’s actions and movements. The dividing line – not necessarily definite in every case – is whether the employee is “subject to the control of the employer” (controlled standby) or merely available if he/she chooses to respond (uncontrolled standby).