Archive for the ‘Employment Law’ Category
DEALING WITH THE WORKPLACE “DEBBIE DOWNER”
Properly Confronting the Chronically Negative Employee According to Wiktionary.org, a “Debbie Downer” is a “naysayer; one whose negative remarks depress or dissuade others.” Most seasoned managers will be all too familiar with how one negative individual can bring down the entire workforce’s morale. Employers are often reluctant to terminate someone just for a negative attitude, […]
MID-YEAR MINIMUM WAGE RATE INCREASES
Effective July 1, 2019 California minimum wage currently is $12.00 per hour for employers with 26 or more employees and $11.00 for employers that employ 25 or fewer. Annual increases will continue each January 1 until they reach $15.00 per hour in 2022 for larger employers and in 2023 for employers with 25 or fewer employees. […]
INDEPENDENT CONTRACTORS, CALIFORNIA’S ENDANGERED SPECIES
Labor Commissioner Broadens Application of Dynamex Decision In Dynamex Operations West, Inc. v. Superior Court (2018), the California Supreme Court adopted a strict “ABC test” redefining “independent contractor”: The worker is free from the hirer’s control and direction in connection with the performance of the work, both under the contract in fact; The worker performs […]
MAKING DYNAMEX RETROACTIVE
Federal Appeals Court Rules New Independent Contractor ABC Test Applies Before It Existed Industries and employers throughout California have been grappling since April 2018 with the effect of Dynamex Operations West, Inc. v. Superior Court on their independent contractor relationships. Rejecting a multi-factor standard that had been in place since 1989, the California Supreme Court […]
UNIONIZING HOME HEALTH CARE
California May Require More Home Aide Disclosures Starting July 1, 2019 The Home Care Organization Consumer Protection Act (HCOCPA), effective January 1, 2016, requires licensing of home care organizations (HCOs) and registration of their home care aides (HCAs). The Home Care Services Bureau (HCSB) of California’s Department of Social Services (CDSS) regulates this industry. See […]
CAUTIONARY TALES EPISODE 27
Walmart Hit with Six Million Dollar Verdict for “Discouraging” Off-Site Meal Breaks California employers must provide non-overtime-exempt employees unpaid meal break(s) based on the number of hours worked in a given day. See, Required Meal Periods and Rest Breaks Revisited (April, 2018). The California Supreme Court’s 2012 Brinker Restaurant Corp. decision clarified that “employer-provided” breaks […]
WHAT’S IN A NAME?
Employers Must Heed Pay Stub Technicalities California employers must accurately list specific wage-related information on each worker’s pay stub per pay period, including but not limited to the company’s name and address, total hours worked, wage rate(s), gross and net wages earned, all deductions, and inclusive dates of the pay period. Seemingly, the easiest requirement […]
MY WAY OR THE HIGHWAY
California At-Will Employees Bound to Lawful Policy Changes by Continuing to Work after Their Adoption In Diaz v. Sohnen Enterprises, California employer Sohnen Enterprises instituted a mandatory dispute resolution policy requiring that all employee claims be arbitrated. “Arbitration” is a private dispute resolution tool, bypassing court trials by jury. The company informed the employees of […]
UNUSUAL JOB INTERVIEWS
The New Normal? There appears a growing trend of employers — nationwide and abroad – implementing unorthodox methods to assess job candidates such as escape rooms, capture the flag, professional “speed dating” sessions, glow-in-the-dark miniature golf, laser tag and cooperative board games. An escape room involves a small group of people locked in a […]
CAUTIONARY TALES EPISODE 26
Playa Vista Car Wash Takes a Dunking for $2.36 Million “Wage Theft” On April 17, 2019, the Labor Commissioner’s Office announced a $2.36 million citation — the largest issued against a car wash business to date — against Playa Vista Car Wash along with its president and general manager for failing to properly pay or provide required […]