Blog
EEOC REPORTS WORKPLACE-RELATED LEGAL CHARGES APPROACH RECORD HIGH
EEOC Reports Workplace-Related Legal Charges Approach Record High In a January 6, 2010 press release, the U.S. Equal Employment Opportunity Commission (EEOC) divulged the number of workplace discrimination charges filed nationwide during fiscal year 2009 (October 1, 2008 to September 30, 2009). Cumulatively, the 93,277 charges filed in 2009 reached the second highest number in […]
NEW EMPLOYMENT ELIGIBILITY VERIFICATION FORM I-9
New Employment Eligibility Verification Form I-9 All U.S. employers must complete and retain a Form I-9 for each individual hired for employment in the U.S., including citizens and noncitizens. Revised August 7, 2009, the new Form I-9 includes an updated list of acceptable documents that employees must present upon hiring. The new form includes a […]
2010 CHANGES TO REQUIRED POSTERS AND PAMPHLETS
2010 Changes to Required Posters and Pamphlets Required Postings: Per the California Chamber of Commerce’s informational web pages, California employers must conspicuously display required labor posters or notices where all employees may view them. Several of the employer posters must also be displayed where job applicants can read them (e.g. polygraph protection and state and […]
COMPENSATION USED TO PURCHASE FORFEITED RESTRICTED STOCK NOT DEEMED EARNED UNPAID WAGES
Compensation Used to Purchase Forfeited Restricted Stock not Deemed Earned Unpaid Wages A November, 2009 California Supreme Court ruling affirmed that an incentive stock option plan which had not fully vested upon plaintiff employee’s resignation did not constitute earned but unpaid wages and the employer could lawfully require the employee to forfeit the stock and […]
SEXUALLY HARASSED VICTIM UNABLE TO SUE INDIVIDUAL SUPERVISORS FOR RETALIATION/WRONGFUL TERMINATION
Sexually Harassed Victim Unable to Sue Individual Supervisors for Retaliation/Wrongful Termination A recent California federal court ruling confirmed that company supervisors are not individually liable for retaliatory acts. Sarmas v. County of Stanislaus, et al. October 26, 2009 Westlaw 3489425 (Eastern District California). According to Stanislaus County’s Sheriff’s Department (Department) employee Valine Sarmas, Sheriff Christianson’s […]
BARBOSA V. IMPCO TERMINATING AN EMPLOYEEFOR MISTAKENLY FALSIFYING TIME CARD VIOLATES PUBLIC POLICY
Barbosa v. IMPCO – Terminating an Employee for Mistakenly Falsifying Time Card Violates Public Policy Although well-established law in California holds that an employer may not retaliate against an employee who has a valid wage claim, a November 30, 2009 appellate court ruling also protects employees against retaliation for mistakenly believing they have a valid […]
BLURRING THE DISTINCTION BETWEEN DISCRIMINATORY CONDUCT AND HARASSMENT: CALIFORNIA SUPREMES DECIDE ROBY V. MCKESSON CORP.
Blurring the Distinction between Discriminatory Conduct and Harassment – California Supremes Decide Roby v. McKesson Corp. As a result of a November 30, 2009 decision, the California Supreme Court (the Court) has now paved the way for employees to more easily establish harassment claims against individual supervisors. Toward the end of her 25-year customer service […]
THE CALIFORNIA ADMINISTRATIVE EXEMPTION
The California Administrative Exemption Under California labor laws, certain provisions of the Industrial Welfare Commission (IWC) Wage Orders – including California overtime law and meal and rest period premiums – do not apply to persons employed in an exempt administrative capacity. An exempt administrator is primarily engaged (51%-plus) in high level “desk-bound” planning, organizing, and […]
NEW EEOC POSTING REQUIREMENT FOR EMPLOYERS EFFECTIVE NOV. 21, 2009
NEW EEOC POSTING REQUIREMENT FOR EMPLOYERS EFFECTIVE NOVEMBER 21, 2009 The Equal Employment Opportunity Commission (EEOC) has revised its “Equal Employment Opportunity is the Law” poster to address two new federal employment discrimination laws: The Americans with Disabilities Act Amendments Act of 2008 (ADAAA); and The Genetic Information Nondiscrimination Act of 2008 (GINA) Employers covered […]
THE CALIFORNIA EXECUTIVE EXEMPTION
The California Executive Exemption Under California law, provisions of the Industrial Welfare Commission (IWC) Wage Orders – including overtime compensation and meal and rest period premiums – do not apply to persons employed in an executive capacity. This exemption is for executives primarily engaged (51%-plus) in managing at least two personnel below them in the […]