Posts Tagged ‘California employees’
EMBARRASSING, DISRUPTIVE AND EXPENSIVE TO RESOLVE
Harassment in the Workplace is Illegal Prevention is The Only Viable Solution Current regulations tighten trainer qualifications and impose heightened interactivity requirements, including questions that assess learning, skill-building activities and numerous hypothetical scenarios about harassment with follow-up discussion questions. We are offering an updated in-house, two-plus hour seminar, at your location, that will fulfill these […]
WHO IS AN “EMPLOYEE” UNDER CALIFORNIA’S ANTI-DISCRIMINATION LAW?
Some Volunteers May be Covered The California Court of Appeal has decided that the state’s workplace anti-discrimination law did not protect a former Los Angeles Police Department volunteer police reserve officer. Estrada v. City of Los Angeles, published July 24, 2013. However, the result would likely be the opposite for a private business in similar […]
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 […]
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 TIGHTER RULES ON PERSONNEL RECORDS
Beginning January 1, 2013, amendments to California Labor Code 1198.5 significantly increased employer obligations and a worker’s rights to access and obtain copies of his or her personnel records. While the statute continues to confirm that every employee “has the right to inspect the personnel records that the employer maintains relating to the employee’s performance […]
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.” […]
NEW LABOR LAWS 2013 SLAVERY AND HUMAN TRAFFICKING NOTICE REQUIRED FOR SOME BUSINESSES
Effective January 1, 2013, a new California law, Civil Code section 52.6, requires specified businesses and other establishments to conspicuously post a notice guiding the public to report suspected slavery and human trafficking. The places affected include: – Restaurants – Urgent care and emergency room facilities – Privately operated job recruitment centers – Commercial airports, […]
CALIFORNIA INCREASES THE MINIMUM HOURLY RATE FOR LICENSED PHYSICIANS AND SURGEONS TO QUALIFY FOR OVERTIME EXEMPTION
California Labor Code section 515.6 exempts certain licensed physicians and surgeons from overtime compensation. The criteria includes set minimum compensation. The California Department of Industrial Relations (DIR) recently increased this minimum, effective January 1, 2013. Employers will now have to pay otherwise qualified physicians and surgeons the equivalent of at least $72.70 per hour, up […]