New Court Decision on Delivery Drivers Shows the Issue Requires Detailed Analysis The dividing line between properly classified employees and independently contracted workers can often be about as clear as mud. The June, 2014 decision from the federal Ninth Circuit Court of Appeals in Ruiz v. Affinity Logistics Corp illustrates the perils of a company’s […]
“Paid Family Leave” Program and Workers’ Comp Affected Employees covered under California’s Paid Family Leave (PFL) program may receive up to six weeks of state-funded disability benefits to take time off for baby-bonding or to care for a seriously ill child, spouse, parent or registered domestic partner. California’s Employment Development Department (EDD) administers this program […]
As recently covered in our California Minimum Wage Increasing blog, California’s minimum will rise to $9.00 an hour on July 1, 2014. Also by July 1, California employers must prominently post the new Division of Labor Standards Enforcement Minimum Wage Order (MW-2014) specifying this $9.00 per hour minimum requirement as well as the $10.00 per […]
An Employer is Not Responsible to Pay Off-the-Clock Work Time about Which It Knows Nothing A company normally must compensate an employee for any time he/she put in service to that company even if such work was not authorized. Thus, while an employer can issue policy barring overtime work or policy requiring advance approval for […]
Companies Must Uphold Worker Rights to Religious Garb or Grooming Even if It Means Losing Business The Equal Employment Opportunity Commission (EEOC) is responsible for enforcing the federal laws prohibiting discrimination in commerce, including the Civil Rights Act of 1964, nicknamed “Title VII.” In the wake of the September 11 attacks, the EEOC has fielded […]
Classifying Workers Correctly is a Case-by-Case Challenge There are economic risks for an employer who misclassifies a worker who should be employed as an independent contractor. A wide range of California and federal agencies have the power to impose back taxes, interest and penalties upon companies who unsuccessfully attempt the tactic. California placed greater deterrents […]
Domestic Worker Bill of Rights Extends Wage Order Protections to Caregivers Our articles “Caring for Caregivers” and “Private Household Workers in California” caution that misunderstandings about California’s rules for household employees can be expensive. California’s Domestic Worker Bill of Rights (DWBR), effective January 1, 2014, drives home the need to properly pay the wages and […]
Attempted Hook-Ups Can Lead to Litigation Shake-Downs Our 2010 blog “Office Holiday Survival Guide” provides a roadmap for handling alcohol at holiday office parties. By its off-the-clock and put-work-aside nature, the annual company-wide gathering may also be a prime setting for unwelcome sexual advances by employees, worse yet by managers. Such harassment is not […]
With political finger-pointing at a fever pitch, the federal government effected a partial operational shutdown on October 1, 2013. The closures continue into a second week with no end in sight. Several employment related agencies are affected. The Department of Homeland Security (DHS) provides a free, web-based system (E-Verify) that permits employers to check a […]
California Employers Must Pay Wages and Mileage for “Off-Hours” Work-Related Tasks In response to our article “Travel Pay in California,” a California employer has asked how he should pay his employees for time spent and for their personal vehicle mileage incurred while shopping for company supplies. Compensation for All Hours Worked: Of course, an employer […]