Blog
WORKERS FREELY COMPETING WITH FORMER EMPLOYER
California Protections Found in Non-Disclosure Agreements (NDAs) Many states recognize a business’s ability to negotiate and enter contracts restricting a departing employee from taking a job with a competitor – or opening a competing business – within reasonable geographic limits and for a limited, reasonable time following the termination date. However, with very limited exceptions, […]
“ON-CALL” EMPLOYEES IN CALIFORNIA
Some Workers Must be Paid for Waiting Patience is a virtue, but it may also be a business cost. Depending on the circumstances, a company may be required to pay an hourly employee waiting for the call to come to work. California and federal law recognize the various distinct situations: – On-Premises Standby: An employee […]
DRUGS AND ALCOHOL IN THE WORKPLACE
Balancing Worker Privacy with an Employer’s Rights to Protect Safety A worker intoxicated or under the influence of drugs on the job can not only be detrimental to productivity, but extremely dangerous to safety of the employee and those around him or her. Maintaining a comprehensive written drug and alcohol policy – covering testing, prevention, […]
FIRST IMPRESSIONS 101
Maintaining Workplace Dress and Appearance Codes As one never gets a second chance to make a first impression, many employers make it their business to specify a dress code policy, particularly for workers who regularly greet and work with the public. Setting such standards is a proper commercial practice of course, so long as management […]
ACCOMMODATING RELIGION IN THE WORKPLACE
Avoid the Employment Discrimination Gallows As religious diversity in the American workplace increases, so does the importance of management’s understanding how to address conflicts that arise. The Equal Employment Opportunity Commission (EEOC), responsible for enforcing the federal law prohibiting discrimination in commerce has recently published a guide to help employers with the task (“Questions and […]
VACATION PAY IN CALIFORNIA
No Picnic for Employers Who Don’t Know the Rules While California businesses are not legally required to provide paid vacation days to their employees, there are important rules when this benefit is offered. In this state, there is no “use it or lose it.” The fancy first year law school term means that paid vacation […]
BIG STICK DIPLOMACY
Employee Discipline Policies Then-New York Governor Teddy Roosevelt probably summed up politics, diplomacy, and personnel management with his line: “Speak softly and carry a big stick; you will go far.” Some suggestions: ● Management is Part of the Solution, Not the Problem – In the face of reported misconduct, a personnel manager should always proceed […]
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 […]