Herbalife’s Afterlife Battle: California Supreme Court affirms severe or pervasive requirement for sexual harassment claims The California Supreme Court, for the second time in the past four years, has affirmed that sexually harassing conduct must be either “severe” or “pervasive” to be actionable sexual harassment. The decision stems from a high profile suit by Suzan […]
IS YOUR COMMISSIONED INSIDE SALES REPRESENTATIVE EXEMPT FROM OVERTIME? “Commission wages” are compensation based proportionately on the value or amount of the item or service sold. An “inside sales representative” sells merchandise in a store or sales lot or sells products or services via a company telephone. In contrast, “outside sales representative” means any person, […]
The California Computer Professional Exemption Under California law and Wage Orders, a “computer professional” is exempt from overtime compensation if he or she is “highly skilled and is proficient in the theoretical and practical application of highly specialized information to computer systems analysis, programming, or software engineering.” In addition, he or she must be primarily […]
Click here for our more recent article about California Wage Orders (updated June 2, 2017). DO YOU KNOW YOUR CALIFORNIA WAGE ORDER? The California Industrial Welfare Commission (IWC) Wage Orders regulate wages, hours and working conditions. Employers must comply with the IWC Wage Order and California labor laws applicable to their business or industry. For […]
During these challenging financial times some employers are finding they need to temporarily reduce costs, including employee payroll. Fortunately, the California Department of Labor Standards Enforcement (DLSE) has recently issued an opinion letter allowing employers to reduce exempt employee salaries in exchange for a shortened workweek. This new August 19, 2009 opinion letter flatly contradicts […]
Religion in the Workplace, Have Faith in the Law Bill, a hospital supervisor, learned that one of his subordinates, Harvinder, has been wearing a miniature sword strapped to and hidden underneath her clothing. Harvinder is a baptized Sikh who wears the 4-inch dull and sheathed sword (called a kirpan) as a symbol of her religious […]
Practical steps employers can take to monitor workplace meal periods.
Overview of California sick leave.
How to address and resolve workplace bullying
Overview of California hands-free cell phone laws