Archive for the ‘Termination, Discipline’ Category
FINAL PAYCHECK
What California Employers Must Pay Upon Termination A worker recently asked whether his now-former employer should have included sick time and vacation time in his final paycheck. He wrote: “I’m no longer working for [the employer] and I thought I was going to get my paid time off with my last check such as … […]
TRAVEL PAY REVISITED
Setting and Calculating Compensation for Job-Related Travel Time A California worker recently asked how his employer should pay him for job-related travel time expended before and then after a full eight hours of labor at a remote location. He wrote: “If I drove 5-1/2 hours, then worked 8, then drove 5 more hours, wouldn’t my […]
ON-CALL TIME
When California Employers Must Pay for Worker Time Waiting for the Call A California worker recently asked us through the blog site whether his employer should pay for his “stand-by” or “on-call” time. He wrote, in part: “On some days, we are expected to be on-call for certain shifts … The sign posted at the store informs […]
AVOIDING WORKPLACE HELL
For Heaven’s Sake: Document, Document, Document! Lawyers are in sales, they are not in management. They don’t sell widgets to consumers of course. Rather, competing attorneys each “sell” his/her client’s construction of events and actions to juries and judges, with the most plausible version of such occurrences the winner. This firm defends employers daily on […]
PROVING WORKPLACE DISCRIMINATION IS NOW MORE DIFFICULT IN CALIFORNIA
State Supreme Court Issues an Employer-Favorable Decision in a “Mixed Motive” Case In February, 2013, the California Supreme Court decided that even where illegal discrimination (e.g., racial, gender, age, religion) was one of a number of motivating factors in terminating a worker, the employer will not be liable for damages if it can show the […]
REQUIRED FMLA POSTER CHANGE
Employers with 50 or More Workers Beginning March 8, 2013, employers with 50 or more employees and subject to the federal Family and Medical Leave Act (FMLA) must display a new poster. The change is prompted by new U.S. Department of Labor (DOL) regulations. This new “Employee Rights and Responsibilities Under the Family and Medical […]
NEW CA LABOR LAWS 2013 RELIGIOUS DRESS AND GROOMING AND EMPLOYERS’ INCREASED DUTIES TO ACCOMODATE
Effective January 1, 2013, California’s Fair Employment and Housing Act (FEHA) expands the definition of potentially protected religious beliefs and practices to include “religious dress and grooming practices.” Employers also must now meet a much more stringent standard to deny accommodation of religious practices as an undue hardship to the business. Religious Dress and Grooming: […]
NEW CA LABOR LAWS 2013 PREGNANCY DISABILITY LEAVE REGULATIONS
Starting December 30, 2012, California employers are responsible for implementing new regulations on the state’s Pregnancy Disability Leave (PDL) law. Among the significant changes are: – Definition of “Four Months” Entitlement – PDL is part of California’s Fair Employment and Housing Act (FEHA) , requiring employers with five or more employees to provide up to […]
NEW CA LABOR LAWS 2013 SOCIAL MEDIA PRIVACY FOR EMPLOYEES AND JOB APPLICANTS
California Labor Code 980, effective January 1, 2013, prohibits employer access to its workers’ personal social media. The new law defines “social media” as “an electronic service or account, or electronic content, including but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet […]
NEW CA LABOR LAWS 2013 CALIFORNIA ALTERS THE MEANING OF WRITTEN SALARY AGREEMENTS FOR HOURLY EMPLOYEES
The California Legislature has made an important change, effective January 1, 2013, eliminating some of the ability of businesses to negotiate wage arrangements with hourly workers. In February, 2011, we summarized the Court of Appeal decision in Arechiga v. Dolores 192 California Appellate Reports, 4th Series (Cal.App.4th) 567 (2011). See, “Written Salary Agreements and Overtime.” […]