Blog
ADMINISTRATORS AND OVERTIME PAY IN CALIFORNIA
Harris v. Superior Court Decision Confirms Administrative Exemption Requires Detailed Case-by-Case Analyses and Job Descriptions The Supreme Court of California ruled today there are no easy assumptions when an employer seeks to qualify company “administrators” as exempt from overtime. Francis Harris v. Superior Court of Los Angeles County, No. S156555, opinion filed December 29, 2011. […]
EMPLOYEE COMMISSIONS
California Requires Written Agreements by End of 2012 California Labor Code 2751 is being revised to require employers to place commission pay arrangements in writing. Businesses have the next 12 months to prepare. Effective January 1, 2013, section 2751(a) will state: “Whenever an employer enters into a contract of employment with an employee for services […]
WORKPLACE LAYOFFS
Employer Precautions There is very little more precious to an individual than his or her employment. For management and personnel directors facing poor economic times, there is probably very little more difficult than ending a productive worker’s relationship when the company simply can no longer afford to carry that position. Handling that final meeting with […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS 2012: GENETICS INFORMATION DISCRIMINATION
Revisions to California’s Fair Employment and Housing Act On January 1, 2012, the California Fair Employment and Housing Act (FEHA) will prohibit businesses from discriminating against applicants and employees based on genetic information. The new law will impose California standards tougher than the federal 2008Genetic Information Non-Discrimination Act (GINA). Both the federal and California law are aimed at curbing discrimination of qualified and performing employees due to […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS 2012: GENDER IDENTITY AND EXPRESSION PROTECTION
Gender discrimination has been outlawed in the United States since the Civil Rights Act of 1964. See, “Gender Equality and Discrimination in the Workplace.” On January 1, 2012, California’s Fair Employment and Housing Act (FEHA) will expand the concept of gender to bar discrimination for “gender identity” and “gender expression.” Under this new FEHA provision, […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS
Personal Liability and Mandatory On-Line Flogging for Misclassifying Employees as Independent Contractors We recently warned of the economic risks for an employer who chooses to cut corners by classifying a regular worker as an independent contractor. A wide range of California and federal agencies have the power to impose back taxes, interest and penalties upon […]
HUMAN RIGHTS DAY FORUM: TERRORISM AND CIVIL LIBERTIES
Defining Freedom in the Post 9-11 World Please save the date: Saturday, December 10, 2011 9:30 A.M. – NOON Youth for Human Rights International and United for Human Rights present: TERRORISM AND CIVIL LIBERTIES Defining Freedom in the Post 9-11 World Brunch with presentations and panel to follow. Church of Scientology of Pasadena 35 S. […]
GENDER EQUALITY AND DISCRIMINATION IN THE WORKPLACE
Employment sex or gender discrimination arises from treating male and female employees with comparable skills and in comparable jobs differently. Personnel decisions must be made on the basis of skills and other job-related qualifications. Unless a person’s sex is a job requirement (e.g., locker room attendants in a sports club), choosing to hire, discipline, fire, […]
ENGLISH-ONLY AND FLUENCY REQUIREMENTS FOR THE WORKPLACE
Breaking the Language Barrier A company catering to English-speaking clientele may implement appropriate English-only rules and language fluency requirements in the name of customer service. However, such employers must ensure that such policies are fairly and only applied for business-based reasons. For example, declining to hire an individual who speaks English proficiently with an unfamiliar […]
EMPLOYEE MEAL AND REST PERIODS
Are California Employers Responsible if Workers Skip Them? California companies must provide non-union workers with at least a 30 minute unpaid meal break between shifts and at least a ten minute paid break during each shift. See, “Employee Meal Periods and Rest Breaks, California’s Basic Requirements for R&R,” April 8, 2011. However, even though the […]