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PART-TIMERS IN CALIFORNIA

Same Rules for Rest Breaks, Meal Periods and Paid Sick Leave Hiring workers for shortened hours or for fewer days weekly does not absolve an employer from complying with the full range of workplace legal requirements. In fact, greater attention may be required with part-time employees to avoid the wage and hour pitfalls. Paid Rest…

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KNOWLEDGE IS POWER

Changes to California’s Mandatory Workplace Notice and Pamphlet on State Benefit Programs California employers must conspicuously display required labor posters or notices where all employees may view them in each company location. The posters cover a broad array of topics including minimum wage requirements, safety and health requirements, workers’ compensation information, and whistleblowing protection. California…

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PLEASE STANDBY

When Employees Earn On-Call Pay Some employers require workers to remain “on-call” or on “standby” outside scheduled hours, either at the worksite or off the premises. Depending on the circumstances, a company may be required to pay an hourly employee for on-call time, including all resultant overtime at the correct overtime rate. See The Basics…

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Wake Up Call

Call Center Accused of Ignoring Sexual Harassment Complaints Settles Suit for $3.5 Million The U.S. Equal Employment Opportunity Commission (EEOC) has announced court approval of a $3.5 million payment to resolve a sexual harassment lawsuit against Irvine, California employer Alorica, Inc., a call center and technology services business.  The government alleged the company had condoned…

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CALIFORNIA PAID FAMILY LEAVE OVERVIEW

Is California’s “Paid Family Leave” a Protected Leave of Absence? Employers are sometimes uncertain how to properly respond to an employee’s request for Paid Family Leave because the name is somewhat misleading. Some unpaid “leaves of absence” (for example for medical conditions or family emergencies) are legally “protected,” meaning the employer must accept the eligible…

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CAUTIONARY TALES EPISODE 16

Spa Nailed for $1.2 Million, “Wage Theft”   The California Labor Commissioner’s Office has announced large citations against Young’s Nail Spa in Temecula, for misclassification of 36 workers as independent contractors and for wage theft, paying by the service instead of paying them hourly and overtime in spite of 50-hour weeks. The salon was also…

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CAUTIONARY TALE EPISODE 15

Drywall Company Plastered With Nearly $2 Million in Citations The Labor Commissioner has again looked to the construction industry for its latest round of wage theft citations. A July 24, 2018 release announces that Fullerton Pacific Interiors, Inc. will have to pay over $1.9 million for underpaying several hundred workers over a nearly two-year period….

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CAUTIONARY TALES EPISODE 14

Workplace Illness and Injury Prevention Programs are Mandatory in California On July 10, 2018, Cal/OSHA issued a press release that is a stark reminder of the need for an Illness and Injury Prevention Program (IIPP) both on paper and in practice. Cal/OSHA cited SSA Pacific Inc., a marine cargo handler in San Diego, for safety…

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ADDITIONAL PROTECTION FROM SERIAL HARASSERS

California Employers May Disclose Sexual Harassment Allegations to Prospective Employers Defamation refers to the laws that make someone accountable for harming another’s reputation through the spread of falsehoods either verbally (slander) or in writing (libel). Alleged sexual harassers have sued employers and sometimes victims for defamation in connection with statements made in a sexual harassment complaint…

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BASIC WORKPLACE “RULES OF THE ROAD”

2018 California Wage Orders Overview The California Department of Industrial Relations (DIR) through the California Industrial Welfare Commission (IWC) created and continues to refine 17 wage orders (Wage Orders) to regulate employee pay and working conditions by applicable industry or occupation. For example, Wage Order 4 applies to professional, technical, clerical, and mechanical occupations; Wage…

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If you are facing possible litigation or have an employee issue on which you need immediate guidance, call us to speak to one of our attorneys, or submit your question using our contact form.

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