Blog
AFRICAN HUMAN RIGHTS LEADERSHIP CAMPAIGN
AFRICAN HUMAN RIGHTS LEADERSHIP CAMPAIGN AN INTRODUCTION Stemming from my lifelong interest in international law and development, the African Human Rights Leadership Campaign is a pro bono project of Youth for Human Rights International to train young leaders in African countries for human rights advocacy and the eradication of human rights abuses in their lifetimes. […]
CAL/OSHA INJURY AND ILLNESS SUMMARY
Cal/OSHA Injury and Illness Summary Must Be Posted February 1, 2010 Employers must provide a safe work environment for their employees. The Occupational Safety and Health (OSH) Act of 1970 requires some employers to prepare and maintain logs of work-related injuries and illnesses. The federal Occupational Safety and Health Administration (OSHA) is tasked with overseeing […]
NEW 2010 IRS MILEAGE RATE
New 2010 IRS Mileage Rate On December 3, 2009, the IRS announced its 2010 standard deduction mileage rates (online at http://www.irs.gov/newsroom/article/0,,id=216048,00.html). As of January 1, 2010, the IRS is decreasing the IRS standard employee mileage deduction for business use of a motor vehicle to 50 cents per mile. (In 2009 the IRS mileage standard deduction […]
FLEXIBILITY ADDED TO CALIFORNIA ALTERNATIVE WORKWEEK SCHEDULE
Flexibility Added to California Alternative Workweek Schedule California law authorizes an alternative work week schedule (AWS) of workdays exceeding eight hours without overtime pay if certain criteria are met. Classically, an alternative work schedule will be four 10-hour days, with three days off. Health care offices are common candidates for an AWS. Such flexible alternative […]
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 […]