Blog
WHAT IS A COMMISSION?
Definition is Particularly Important for California Employers, All Commission Wage Agreements Must Be in Writing by 2013 Effective January 1, 2013, California Labor Code 2751 directs that any employment contract that includes commission compensation must be in writing, setting forth “the method by which the commissions shall be computed and paid.” See, Employee Commissions, California […]
COMMISSIONED SALES PERSONNEL AND OVERTIME PAY
Must Employers Pay Premiums for Extra Hours Worked? California Labor Code 2751 requires that all California employee commission compensation agreements must be in writing by January 1, 2013. Whether a business already has written commission arrangements with its sales personnel, this impending deadline is incentive to ensure such arrangements are clearly stated and in compliance […]
EMPLOYEE ARBITRATION AGREEMENTS
Case Study Illustrates Drafting “Do’s” and “Don’ts” California law very strongly supports two potentially conflicting policies on the handling of employment disputes. On the one hand, employees and employers alike have rights to have their civil claims heard by a jury in a formal court proceeding. On the other, this state recognizes the rights of […]
DRAFTING SOUND COMMISSIONS AGREEMENTS
Proper Use of “Advances” and “Chargebacks” By the end of 2012, Labor Code 2751 will require California businesses to place all of its commission compensation arrangements with their employers in writing or such agreements may be unenforceable. See, Employee Commissions, California Requires Written Agreements by End of 2012. As the year edges to a close, […]
REQUIRING USE OF PAID VACATION FOR UNPAID LEAVES
Time Off Work for Illness is No Vacation, or Is It? California businesses with 50 or more employees must comply with the federal Family Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). For eligible employees, both acts are essentially “you will have your job waiting for you” laws. Neither FMLA nor CFRA […]
EMPLOYEE ROAD TRIPS AND OTHER WORK RELATED EXPENSES
California Businesses Must Reimburse for Employment-Related Use of Personal Vehicles, Phones and More A California employer must reimburse the expenses its workers “necessarily” incur as part of their jobs (Labor Code Section 2802). On the other hand, a business generally has no such obligation for an employee’s costs that enables him or her to appear […]
TERMINATION, MISCONDUCT AND UNEMPLOYMENT BENEFITS
Refusal to Sign a Disciplinary Memo Disqualifies a California Worker In California, an employee terminated for “misconduct” is disqualified from receiving unemployment benefits. In Paratransit Inc. v. Unemployment Insurance Appeals Board (Medeiros) (May 31, 2012), the Court of Appeal found an employee’s declining to sign a “receipt” line at the bottom of a disciplinary notice […]
PROGRESSIVE DISCIPLINE IN THE WORKPLACE
Nice Idea, But Don’t Promise The wisdom of implementing a progressive discipline policy – imposing ever greater consequences upon an employee’s repeated misconduct – would seem a personnel management no-brainer. After all, it’s only fair to give an errant but largely productive employee a second or third chance. It would also be poor judgment for […]
AGE DISCRIMINATION IN EMPLOYMENT
EEOC Supplies New Rules that May Limit Claims A business subject to the federal Age Discrimination in Employment Act (ADEA) (those with 20 or more persons on payroll) must ensure it terminates, disciplines or denies benefits to any “older” employee (40 years or more) on “reasonable factors other than age ” (RFOA). Workplace discrimination claims […]
USING CRIMINAL RECORDS IN JOB SCREENING
Recent Federal Guidelines on Preventing Discrimination It is nearly a given that employers will ask for an applicant’s criminal conviction record in the hiring process. However, past guilt for a crime is not always a legitimate factor in the employment decision. For example, a conviction for a decades-old traffic offense might well be irrelevant on […]