Posts Tagged ‘california labor law’
DON’T FLUNK THE REASONABLE ACCOMMODATION TEST
Compton School District Failed to Accommodate Disabled Teacher The California Fair Employment and Housing Act (FEHA) requires employers with five or more on payroll to engage in an “interactive process” with a worker requesting accommodation of a disability. The employer must have timely, good faith and ongoing discussions to explore if and how to reasonably […]
EMPLOYEE TERMINATIONS
Firing Low-Performing Workers While Limiting Repercussions Mary manages a customer service department in a large company. Other employees and customers have complained about Brad, one of the employees Mary supervises. Most of Brad’s co-workers handle calls without requiring assistance. Yet, for a few months now, as many as 20% of Brad’s calls have had to […]
GENDER DESIGNATIONS IN THE WORKPLACE
“Non-binary” will Join “He” and “She” in California California law prohibits discrimination against employees for their membership in any protected class. This includes gender identity, defined as “each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male […]
THE NEED FOR WRITTEN EMPLOYMENT AGREEMENTS
Well-Drafted Contracts Eliminate Uncertainty and Ambiguity Most workers are employed “at-will,” meaning either the employer or employee may end the work relationship at any time for any lawful reason without cause or advance notice. California law generally presumes an employee is employed at-will unless the employee can prove otherwise, such as a manager’s contrary verbal […]
DO THE MATH
California Supreme Court Sets Out New Formula for Overtime When “Flat Sum” Bonuses Paid Often California employers reward employees with bonuses without realizing the proper way to calculate overtime when doing so. This can put an employer at substantial risk if miscalculated over significant time for a large number of workers. Depending on the number […]
INDEPENDENT CONTRACTOR OR EMPLOYEE?
It’s Not Really A Matter of Choice State and federal laws provide detailed standards a business must closely examine for who it can rightfully classify as an independent contractor and who needs to be an employee. Yet, it is not uncommon for enterprises and those they hire to just skip all that and – with […]
EMPLOYERS MUST LET GO
Employees are Free to Leave Work Premises During Paid Rest Breaks According to California’s Division of Labor Standards Enforcement, employees are entitled to a “net” ten-minute paid rest break for every four hours worked, or major fraction thereof (i.e., anything more than two hours of work). “Net” here means the rest period begins as soon […]
CAUTIONARY TALES EPISODE 2
Two Tow Companies Owe $4.8 Million In Unpaid Minimum Wages, Overtime The California Labor Commissioner has announced a $4,874,661 award against Irvine Auto Towing, Inc. and Yaco Investments, Inc. for multiple wage theft violations affecting 187 drivers, mechanics, and dispatchers. Following a formal administrative proceeding, a hearing officer found these two tow companies had generally paid a flat […]
LOCATION, LOCATION, LOCATION … LOCATION
California Municipal Minimum Wage Rates Continue to Grow California hourly minimum wage is currently $10.50 for employers with 26 or more on payroll and $10.00 for employers with 25 or less and on January 1, 2018, the rates increase to $11.00 and $10.50 respectively. The state minimum wage will continue to increase each year until […]
I-9 FORM REVISED YET AGAIN
Just When You Thought You Had the Right Form, Feds Issue New One The federal government requires employers to verify identity and work authorization of their employees using a Form I-9 (Employment Eligibility Verification) with certain supporting documentation. After revising the form on November 14, 2016, the U.S. Citizen and Immigration Services (USCIS) announced on […]