Posts Tagged ‘California employees’
CAUTIONARY TALES EPISODE 31
RESIDENTIAL CARE FACILITY NOT FEELING THE LOVE 708,521 Reasons to Pay Workers Legally Not having worker’s compensation insurance for five years was bad enough, but when the Labor Commissioner’s Office started investigating a workers’ compensation complaint against 53-bed Amore Retirement Living, it also discovered failure to pay minimum wage, overtime, and other wage and hour […]
HAIRSTYLE DISCRIMINATION BANNED
New California Law Takes Effect January 1, 2020 California law has long-prohibited workplace racial discrimination against employees and applicants. The state is now the first to link natural hairstyles to race, thus protecting their wearers from disparate treatment. The Legislature based passage of revised Government Code 12926 on a finding that workplace dress and grooming […]
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 […]
CAUTIONARY TALES EPISODE 29
General Contractor and Property Owners Left Holding Bag Labor Code section 218.7, effective January 1, 2018, made general “direct” contractors (those delivering to property owners directly) responsible for wage payments to employees of subcontractors who fail to make those payments. However, direct contractors may be able to prevent such exposure through well-constructed written agreements with […]
CAUTIONARY TALES EPISODE 28
EEOC Settles Female Miner Discrimination and Retaliation Case For $690,000 The U.S. Equal Employment Opportunity Commission (EEOC) has announced the $690,000 resolution of its gender-based lawsuit against Alaska gold mining outfit Northern Star LLC, formerly Sumitomo Metal Mining Pogo (Pogo). The government alleged Pogo discriminated against female underground miner Hanna Hurst by refusing to promote her despite promoting male […]
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. […]
INDEPENDENT CONTRACTORS, CALIFORNIA’S ENDANGERED SPECIES
Labor Commissioner Broadens Application of Dynamex Decision In Dynamex Operations West, Inc. v. Superior Court (2018), the California Supreme Court adopted a strict “ABC test” redefining “independent contractor”: The worker is free from the hirer’s control and direction in connection with the performance of the work, both under the contract in fact; The worker performs […]
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 […]