Blog
EMPLOYEE TRAINING PROGRAMS
When Employers Must Compensate for Worker Education Must an employer pay a worker for the latter’s training hours? Like most areas of employment law, the answer is: “It depends.” The basic question is whether an employee is pursuing that training a) to become more knowledgeable and skilled at his/her current position (in which case, the […]
GRADING EMPLOYEE PERFORMANCE
Employers Should Not Flunk the Process Properly conducted employee performance evaluations can be an excellent tool for enhancing management – workforce communications. Such assessments provide administrators the opportunity to communicate their views to a worker on that person’s performance before a bad habit becomes a destructive disruption. Employees may use the process for communicating satisfaction […]
WORKERS FREELY COMPETING WITH FORMER EMPLOYER
California Protections Found in Non-Disclosure Agreements (NDAs) Many states recognize a business’s ability to negotiate and enter contracts restricting a departing employee from taking a job with a competitor – or opening a competing business – within reasonable geographic limits and for a limited, reasonable time following the termination date. However, with very limited exceptions, […]
“ON-CALL” EMPLOYEES IN CALIFORNIA
Some Workers Must be Paid for Waiting Patience is a virtue, but it may also be a business cost. Depending on the circumstances, a company may be required to pay an hourly employee waiting for the call to come to work. California and federal law recognize the various distinct situations: – On-Premises Standby: An employee […]
DRUGS AND ALCOHOL IN THE WORKPLACE
Balancing Worker Privacy with an Employer’s Rights to Protect Safety A worker intoxicated or under the influence of drugs on the job can not only be detrimental to productivity, but extremely dangerous to safety of the employee and those around him or her. Maintaining a comprehensive written drug and alcohol policy – covering testing, prevention, […]
FIRST IMPRESSIONS 101
Maintaining Workplace Dress and Appearance Codes As one never gets a second chance to make a first impression, many employers make it their business to specify a dress code policy, particularly for workers who regularly greet and work with the public. Setting such standards is a proper commercial practice of course, so long as management […]
ACCOMMODATING RELIGION IN THE WORKPLACE
Avoid the Employment Discrimination Gallows As religious diversity in the American workplace increases, so does the importance of management’s understanding how to address conflicts that arise. The Equal Employment Opportunity Commission (EEOC), responsible for enforcing the federal law prohibiting discrimination in commerce has recently published a guide to help employers with the task (“Questions and […]
VACATION PAY IN CALIFORNIA
No Picnic for Employers Who Don’t Know the Rules While California businesses are not legally required to provide paid vacation days to their employees, there are important rules when this benefit is offered. In this state, there is no “use it or lose it.” The fancy first year law school term means that paid vacation […]
BIG STICK DIPLOMACY
Employee Discipline Policies Then-New York Governor Teddy Roosevelt probably summed up politics, diplomacy, and personnel management with his line: “Speak softly and carry a big stick; you will go far.” Some suggestions: ● Management is Part of the Solution, Not the Problem – In the face of reported misconduct, a personnel manager should always proceed […]
WRITTEN SALARY AGREEMENTS AND OVERTIME
California Appeals Decision Confirms Salary Agreements for Hourly Employees That Foreclose Overtime Claims A February 7, 2011 California Court of Appeal decision permits explicit written salary wage agreements for hourly workers that include overtime compensation within that set weekly amount. In Arechiga v. Dolores Press, a former employee sued for alleged unpaid overtime. Working as […]