Blog
WHAT IS INTELLECTUAL PROPERTY?
Have you ever created anything? Invented something? Designed something? Created a logo or a name that identifies your products or services? Written a song? Painted a picture? Taken a photograph? Perhaps you are a sculptor or a songwriter or you write blogs or screenplays. If you’ve done any of these things, then you have owned […]
BANNED BOX AND BEYOND
San Francisco Employers Must Give Former Convicts a Fighting Chance Joining a growing movement of 12 states and more than 60 cities with “ban the box” laws, i.e., deleting the typical criminal history check box often seen on employment applications, San Francisco’s Fair Chance Ordinance (FCO) goes into effect August 13, 2014. Arguably the strictest […]
WAKE-UP CALL ON INSIDE SALESPERSONS
California Supreme Court Narrows Eligibility for the Commissioned Salesperson Exemption California employers may qualify commissioned inside salespersons as exempt from overtime if they earn at least 1.5 times the state minimum wage for each hour worked with more than fifty percent of that total from commissions. Some employers have considered an employee eligible if he or […]
FEDERAL AGENCY WEIGHS IN ON PREGNANCY DISCRIMINATION
EEOC Publishes Controversial Enforcement Guidelines On July 14, 2014, the U.S. Equal Employment Opportunity Commission (EEOC) published its first “guidance” on pregnancy discrimination since 1983. EEOC enforcement guidances are the agency’s interpretations of law. This set offers EEOC views on what constitutes unlawful pregnancy-based discrimination under the federal Civil Rights Act of 1964 (“Title VII”), […]
WILL CALIFORNIA EMPLOYERS HAVE TO COUGH UP PAID SICK LEAVE?
Constructive Remedy or a Job-Killer? The California Assembly passed earlier this year the “Healthy Workplaces, Healthy Families Act of 2014” (Assembly Bill [AB] 1522), sending it over to the Senate for consideration. If passed into law, the measure would mandate all employers to provide at least three paid sick days per calendar year to all […]
“CALIFORNIA WAGE THEFT RECOVERY ACT” NAVIGATING HEAVY LEGISLATIVE SEAS
Assembly Bill 2416 Would Permit Employees to Impose Liens on All Employer Property for Alleged (but Unproven) Wage Claims California’s controversial Assembly Bill (AB) 2416, the “Wage Theft Recovery Act” continues to make progress through the Legislature. Patterned on a unique Wisconsin law, the Act, if passed, would enable an employee to create a lien […]
CLASSIFYING WORKERS, EMPLOYEES OR INDEPENDENT CONTRACTORS?
New Court Decision on Delivery Drivers Shows the Issue Requires Detailed Analysis The dividing line between properly classified employees and independently contracted workers can often be about as clear as mud. The June, 2014 decision from the federal Ninth Circuit Court of Appeals in Ruiz v. Affinity Logistics Corp illustrates the perils of a company’s […]
MANDATORY CHANGES TO EMPLOYEE PAMPHLETS TAKE EFFECT JULY 1, 2014
“Paid Family Leave” Program and Workers’ Comp Affected Employees covered under California’s Paid Family Leave (PFL) program may receive up to six weeks of state-funded disability benefits to take time off for baby-bonding or to care for a seriously ill child, spouse, parent or registered domestic partner. California’s Employment Development Department (EDD) administers this program […]
CALIFORNIA’S MOVE TO PASS THE HIGHEST MINIMUM WAGE IN THE NATION
Bill to Push Minimum to $11.00, $12.00, then $13.00 per Hour Is Halfway Through the Legislature As earlier reported, California’s minimum hourly wage will rise to $9.00 on July 1, 2014 and to $10.00 on January 1, 2016, thus ranking among the highest in the country. See, California Minimum Wage Increasing and Amended Minimum Wage […]
EEOC DOUBLES FINES FOR POSTER VIOLATIONS
Effective April 18, 2014, the Equal Employment Opportunity Commission (EEOC) doubled the penalty for an employer’s failure to post that agency’s “Equal Employment Opportunity is the Law” notice, from $110 to $210 per violation.See, 29 Code of Federal Regulations (CFR) section 1601.30(b). The required notice includes the basics for: The 1964 Civil Rights Act (Title […]