Blog
EMPLOYEE HOLIDAY PARTY OPTIONAL IN CALIFORNIA
California’s Department of Labor Standards Enforcement website explains that a non-union employer has full discretion: a) to close the business on any holiday; b) to give employees the day off for any particular holiday; or c) to pay employees taking a holiday off. In this state, hours worked on holidays are not considered differently from […]
MINIMUM WAGE AND EMPLOYEE TIPS
“Tip Credit” Law Not Valid in California The food industry is prone to violations of some very unforgiving minimum wage and overtime compensation rules. For example, some restaurant owners and managers mistakenly presume they can pay employees less than the hourly minimum wage ($8.00/hour in California; $7.25 federal law) if workers can make up the […]
REQUIRED HEAT ILLNESS PREVENTION FOR OUTDOOR WORKSITES
Cal/OSHA Increases Enforcement The heat is on as “Cal/OSHA” (California Division on Occupational Safety and Health [DOSH]) announced last week that it will step up illness prevention measures through the summer months. Marking the first day of summer, Cal/OSHA Chief Ellen Widess’s press release cautioned that the agency “will be out there across the state, […]
UNDERSTANDING CHILD LABOR LAWS
Preventing the Summertime Blues (‘Cause There Ain’t No Cure…) Hiring a teen under age 18 involves some essentials: 1. Familiarity with Applicable Laws: Review federal and state laws on teen employment — especially the rules on what types of jobs teens are not allowed to perform. Many small businesses, and especially those just starting out, […]
DISABILITY AND LEAVE OF ABSENCE POLICIES
Keeping Up with Changing Employment Laws A recent California Employer Daily article touches on an important employment law subject — the unanticipated pitfalls HR managers and employers face, including from the shifts and refinements in the state and federal leave laws. Key leave laws—the federal Family and Medical Leave Act (FMLA) and the California Family […]
WORKPLACE AGE DISCRIMINATION LAWS PROTECT “OLD PEOPLE” ONLY
How Old is Legally “Old”? While many might recognize that business cannot use “age” as a criterion for employment decisions, including hiring, promotion, discipline or termination, the federal and California protections actually only apply to persons “of a certain age.” Workers under 40, the relatively “young,” do not have such rights. Employees aged 40 or […]
PRE-EMPLOYMENT TESTING
Inquiries are Limited to Job-Related Skills and Qualities While a manager’s “gut instinct” might work when choosing which candidate to hire, it might not. Employing an individual who makes a seemingly great first impression in an interview but who turns out to be a dud or hell-on-wheels once in the stress of the working environment […]
NO PROTECTION FROM WORKERS’ COMPENSATION REQUIREMENTS
California Employers Must Carry On-the-Job Injury Insurance California businesses must carry workers’ compensation insurance for every employee, even just one. Group or personal health insurance is not a substitute. Workers’ compensation is oldest social insurance program in the U.S., adopted by most states in early part of the 20th century. The coverage is intended to […]
CAT’S PAW BURNS EMPLOYERS
A Workplace Lesson on Confirming Grounds for Termination A hospital lab technician and army reservist sued his employer claiming two of his supervisors openly discriminated against him because of his military status and duties. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to treat military veterans fairly, prohibiting terminations and other […]
EMPLOYEE MILITARY LEAVE
Re-Employment and Pay Requirements for Returning Service Members Soldiers returning from active duty to civilian life are protected by a number of federal and state laws. This includes reservists and National Guard members. Under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), it is unlawful for an employer to deny initial […]