Posts Tagged ‘At Will employment’
CAUTIONARY TALES EPISODE 30
State Settles Sexual Harassment Case with Cypress Police Department The California Fair Employment and Housing Act (FEHA) defines sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of sexual nature. This includes same-sex harassment, offering employment benefits in exchange for sexual favors, or retaliating after receiving a negative response to sexual advances. On June […]
BE KIND TO MOMMIES
Pregnancy Discrimination Is a Really Bad Idea Pregnancy remains one of the most clearly protected classifications for employees, safeguarded not only under general disability laws, but also under laws enacted specifically to protect expectant women. See, for example, Pregnancy Accommodation in California (Nov 2018); Employers with 20 or More on Payroll Must Provide Expanded […]
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. […]
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 […]
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 […]
THE #METOO MOVEMENT’S IMPACT
EEOC 2018 Report Reflects Increases in Sexual Harassment Charges The U.S. Equal Employment Opportunity Commission (EEOC) has announced the number of workplace discrimination charges filed nationwide during fiscal year 2018 (October 1, 2017 to September 30, 2018). Of the 76,418 discrimination charges filed last year, retaliation topped the list, totaling 39,469 charges, followed by sex, […]
INDEPENDENT CONTRACTOR OR EMPLOYEE?
California Legislature Dealing with Competing Proposals to Kill or Expand New Dynamex Test In 2018, the California Supreme Court’s Dynamex ruling drastically changed the criteria for independent contractor classification to determine entitlement to many employee rights and benefits. See, Independent Contractor Status in California Now Falls Under Radically Different Rules (June, 2018). Rejecting the long-established balancing […]
CHECK OR DEBIT CARD
Changes to California’s Mandatory Workplace Pamphlets on State Benefit Programs California employers must provide certain government-issued pamphlets or information sheets to new hires, to employees on certain types of leaves of absence, and to workers upon termination of employment. The California Employment Development Department (EDD) — overseeing unemployment and disability benefits, payroll tax collection, and […]