Archive for the ‘employee’ Category
SAFE HARBOR OR SHIPWRECK?
New U.S. Department of Labor Payroll Audit Independent Determination (PAID) Program to Voluntarily Address Payroll Errors The U.S. Department of Labor (DOL) has announced the imminent launch of the PAID program – Payroll Audit Independent Determination. The program’s intent is to permit employers to self-audit and correct as appropriate their minimum wage and overtime practices, […]
THE NEED FOR WRITTEN EMPLOYMENT AGREEMENTS
Well-Drafted Contracts Eliminate Uncertainty and Ambiguity Most workers are employed “at-will,” meaning either the employer or employee may end the work relationship at any time for any lawful reason without cause or advance notice. California law generally presumes an employee is employed at-will unless the employee can prove otherwise, such as a manager’s contrary verbal […]
DO THE MATH
California Supreme Court Sets Out New Formula for Overtime When “Flat Sum” Bonuses Paid Often California employers reward employees with bonuses without realizing the proper way to calculate overtime when doing so. This can put an employer at substantial risk if miscalculated over significant time for a large number of workers. Depending on the number […]
CAUTIONARY TALES EPISODE NINE
Weight Loss and Fitness Chain $8.3 Million Lighter After Citations for Wage and Hour Violations The Labor Commissioner’s latest press release announced citations of $8.3 million against Camp Bootcamp, Inc., dba Camp Transformation Center, which operates 15 fitness and weight loss centers from its Chino headquarters. The citations include a long list of Labor Code […]
RELIGIOUS OBJECTION TO MANDATORY FINGERPRINTING
Employer Must Properly Address Faith-Based Protest Employers must correctly field and handle an employee’s religiously-based objection to a workplace requirement, even when the employer’s requirement is mandated by law. For example, in Kaite v. Altoona Student Transportation, Inc., plaintiff worked as a Pennsylvania school bus driver for employer Altoona Student Transportation (AST). AST began implementing […]
CALIFORNIA VERSUS THE FEDS
California Law Restricts Employer Cooperation with Immigration Agents California’s Immigrant Worker Protection Act, AB 450 (the Act), went into effect on January 1, 2018. It creates numerous restrictions to prevent an employer’s voluntary cooperation with worksite immigration inspections. Pursuant to the Act, Government Codes 7285.1 and 7285.2 prohibit employers from voluntarily allowing access to non-public […]
PAPERLESS PAYSTUBS
Do They Comply with California Wage Statement Laws? As the corporate world heads towards paperless offices, more employers may wish to remit pay stubs electronically without running afoul of applicable law. California Labor Code section 226(a) requires employers to furnish wage statements “in writing” and itemized deductions to be recorded “in ink or other indelible […]
INDEPENDENT CONTRACTOR OR EMPLOYEE?
It’s Not Really A Matter of Choice State and federal laws provide detailed standards a business must closely examine for who it can rightfully classify as an independent contractor and who needs to be an employee. Yet, it is not uncommon for enterprises and those they hire to just skip all that and – with […]
IGNORE AT YOUR OWN PERIL
Overlooked Pay Stub Requirements Can Lead to Trouble California law requires employers to provide written itemized wage statements containing precise, detailed pay-related information every pay period. Penalties for failure to comply with these pay stub requirements entitles each worker to recover at least $50 for the first violation and a minimum $100 for each subsequent […]
CUPID’S ARROWS ARE FLYING
How to Regulate Workplace Romances With sexual harassment allegations surfacing daily in the media, it’s not surprising that coworkers may be more hesitant to date each other. In the 2018 CareerBuilder’s Annual Valentine’s Day survey, only 36% percent of workers reported having dated a coworker, a 10-year low. Regardless, office romances remain a fact of […]