Blog
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 […]
THE MANY FACES OF HARASSMENT IN THE WORKPLACE
Sexual harassment rightfully gets the bulk of attention when drafting prevention and reporting policies or training employees on proper workplace conduct. However, managers should not stop there. In California, there are as many as ten other types of harassment claims that businesses must do everything reasonably possible to prevent. Workplace “harassment” can be broadly defined […]
BEING UNEMPLOYED JUST GOT HARDER
EEOC Investigates Discrimination Against the Unemployed A recent trend in on-line job ads has caught the attention of the federal Equal Employment Opportunity Commission (EEOC). That agency is holding hearings at their Washington D.C. headquarters today on why some businesses are choosing to exclude the unemployed from consideration for job openings. Lines like “must be […]
PREGNANCY DISABILITY LEAVE
California Employers’ Obligations It has been said that death and taxes are the only two sure things in life but man, those people ought to cheer up. After all, you don’t even get to all that “death is inevitable” drivel without love (hopefully), sex (rock & roll optional), pregnancy and childhood. California supports the pregnancy […]
CARING FOR CAREGIVERS
Hiring Help the Right Way Families can sometimes have some very expensive misconceptions about California’s rules for hiring a private, live-in caregiver. For starters, it is never a good idea to have verbal “handshake” agreement to compensate through a combination of money, housing and/or meals. Common mistakes include: Presuming the caregiver fits the California definition […]
OH NO YOU DIDN’T!
Wrongful Termination of At-Will Employees Theory is one thing, practice another. In theory, “at-will” employment means neither employer nor employee are obligated to continue the relationship for any period of time. Either may terminate for any reason or for no reason at all, with or without advance notice. In practice, some company executives and personnel […]
RUDE AWAKENINGS
Sounding the Alarm on Off-The-Clock Work We are lawyers, not magicians. Yet, we have received perhaps more than our share of requests to turn back time. If only that employer client could have it all back, to start out the right way on workplace timekeeping and compensation practices. While we cannot put the proverbial toothpaste […]
EXPECTING PRIVACY AT WORK? FUGEDDABOUTIT!
The 411 on Email and Texting Policies With the prevalence of workplace email and texting, businesses should consider publishing sound written policies on expected etiquette and on management’s ability to access and monitor such electronic communications. For lack of such guidelines and rules, employees should not be left with the impression that their privacy rights […]
FROM CALIFORNIA EMPLOYER DAILY NEW YEAR, NEW HR IDEAS
In its article “New Year, New HR Ideas,” California Employer Daily recently passed on three key actions employers should consider at the beginning of the year, courtesy of James J. McDonald, Jr., managing partner of the Irvine office of Fisher & Phillips, LLP. We thought these were pretty spot-on ideas worth sharing: “1. Get Your […]
TRAVEL PAY IN CALIFORNIA
Policies to Keep Your Business in the Fast Lane Depending on the magnitude of the error, business owners and managers who discover they have been underpaying workers for travel time could be suddenly afflicted with the equivalent of extreme motion sickness. Hourly employees must be paid for all “hours worked.” Depending on the circumstances, an […]