Archive for the ‘Employee Policies, Handbook, Forms’ Category
HOLIDAY PARTIES – HARASSMENT HOTBED
Attempted Hook-Ups Can Lead to Litigation Shake-Downs Our 2010 blog “Office Holiday Survival Guide” provides a roadmap for handling alcohol at holiday office parties. By its off-the-clock and put-work-aside nature, the annual company-wide gathering may also be a prime setting for unwelcome sexual advances by employees, worse yet by managers. Such harassment is not […]
EMPLOYER’S OBAMACARE DEADLINE FOR NOTICE TO EMPLOYEES WAS OCTOBER 1, 2013
No Immediate Consequences for Late Notice But Businesses Should Still Comply Promptly The October 1, 2013 Notice Deadline: The federal Patient Protection and Affordable Care Act (ACA or “Obamacare”) requires the state-by-state creation of the so-called “Health Insurance Marketplace” (“Marketplace” for short, also called the “Exchange”), a virtual one-stop shopping mall for access to private […]
U.S. GOVERNMENT SHUTDOWN AFFECTS KEY EMPLOYMENT-RELATED AGENCIES
With political finger-pointing at a fever pitch, the federal government effected a partial operational shutdown on October 1, 2013. The closures continue into a second week with no end in sight. Several employment related agencies are affected. The Department of Homeland Security (DHS) provides a free, web-based system (E-Verify) that permits employers to check a […]
CALIFORNIA MINIMUM WAGE INCREASING
From $8.00 to $9.00/hour, July 2014 To $10.00/hour, January 2016 California’s $8.00/hour minimum wage will continue its pace as one of the highest in the nation; rising to $9.00/hour on July 1, 2014, and to $10.00/hour on January 1, 2016. In approving the recent legislation, Governor Brown stated, “This legislation is overdue and will help […]
ON-THE-JOB SHOPPING
California Employers Must Pay Wages and Mileage for “Off-Hours” Work-Related Tasks In response to our article “Travel Pay in California,” a California employer has asked how he should pay his employees for time spent and for their personal vehicle mileage incurred while shopping for company supplies. Compensation for All Hours Worked: Of course, an employer […]
EQUAL OPPORTUNITY REPORT DUE
Applies to Companies with 100 or More Employees All employers with 100 or more employees must profile the gender, race and job category of their workers by September 30th on the EEO-1 Report, addressed to the U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP). The requirement stems from […]
CALIFORNIA CHANGES SEXUAL HARASSMENT DEFINITION
Prohibited Conduct Need Not Be Fueled By Sexual Desire The California legislature has amended the California Fair Employment and Housing Act (FEHA) to clarify that sexual harassment does not require proof of sexual desire. The amendment overturns Kelley v. Conco Companies (2011) 196 California Appellate 4th series (Cal.App.4th) 191, a same-sex harassment decision covered in […]
SEXUAL HARASSMENT CHARGES FELL SAN DIEGO’S MAYOR
A Lesson in the Consequences of Alleged Quid Pro Quo Misconduct San Diego Mayor Bob Filner resigns today in the wake of sexual harassment allegations from some 18 women over recent weeks. These include a former communications director, his former deputy campaign manager, a retired admiral, the president of the San Diego Port Tenants Association, […]
EMPLOYMENT LIABILITY FOR WORKPLACE HARASSMENT
U.S. Supreme Court Decision Slims Down Super-Sized Supervisor Definition Under federal and California law, employer liability for workplace harassment can depend entirely on the legal definition of a “supervisor.” The U.S. Supreme Court has recently clarified that definition under Title VII of the Civil Rights Act of 1964 in Vance v. Ball State University (June […]
PRIVATE HOUSEHOLD WORKERS IN CALIFORNIA
Special Overtime and “Room and Board” Rules Apply On our article “Caring for Caregivers,” a recent visitor to our website asked: “How much is housing and meal value [in my area] for a private household worker under California Wage Order 15?” As in every area of employment law, the answer of course depends on the […]