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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 […]
AMENDED MINIMUM WAGE NOTICE MUST BE POSTED BY JULY 1, 2014
As recently covered in our California Minimum Wage Increasing blog, California’s minimum will rise to $9.00 an hour on July 1, 2014. Also by July 1, California employers must prominently post the new Division of Labor Standards Enforcement Minimum Wage Order (MW-2014) specifying this $9.00 per hour minimum requirement as well as the $10.00 per […]
WHEN IGNORANCE IS AN EXCUSE
An Employer is Not Responsible to Pay Off-the-Clock Work Time about Which It Knows Nothing A company normally must compensate an employee for any time he/she put in service to that company even if such work was not authorized. Thus, while an employer can issue policy barring overtime work or policy requiring advance approval for […]
DISCRIMINATION AND RETALIATION CLAIMS
An Employer’s Lesson In Thorough Documentation In Los Angeles County, it is not uncommon to see 100 lawsuits filed weekly against employers for alleged unlawful discrimination or retaliation, often both in the same complaint. One could say that unless a business knows and applies the important basics in preventing such expensive and time-consuming claims, it […]
MINOR LEAGUE PLAYERS CHALLENGE BASEBALL’S LABOR PRACTICES
Underpayment of Minimum Wage and Overtime Is Foul Play Thirty-three former minor league ball players seek to pull back the curtain on alleged system-wide violations of minimum wage or overtime. Their federal class action suit challenges Commissioner Bud Selig, the Office of the Commissioner, and, in effect, every baseball team in the country to remedy […]
EMPLOYER DUTIES TO FIGHT RELIGIOUS PREJUDICE
Companies Must Uphold Worker Rights to Religious Garb or Grooming Even if It Means Losing Business The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the federal laws prohibiting discrimination in commerce, including the Civil Rights Act of 1964, nicknamed “Title VII.” In the wake of the September 11 attacks, the EEOC has fielded […]
THE ANNALS OF COPYRIGHT NUMBER 1
When In Doubt, Choose Contracts Over Lunch In a 1990 copyright decision over a sci-fi flick featuring alien frozen yogurt enslaving the human race (yes, that is correct), federal Ninth Circuit Court of Appeals Judge Alex Kozinski noted that the producer defendant — a “low-budget horror movie mogul” – justified his attempt to use another’s […]