Posts Tagged ‘employee agreements’
HOLIDAY PARTIES – HARASSMENT HOTBED
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 […]
U.S. GOVERNMENT SHUTDOWN AFFECTS KEY EMPLOYMENT-RELATED AGENCIES
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 […]
ON-THE-JOB SHOPPING
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 […]
EMPLOYMENT LIABILITY FOR WORKPLACE HARASSMENT
U.S. Supreme Court Decision Slims Down Super-Sized Supervisor Definition Under federal and California law, employer liability for workplace harassment can depend entirely on the legal definition of a “supervisor.” The U.S. Supreme Court has recently clarified that definition under Title VII of the Civil Rights Act of 1964 in Vance v. Ball State University (June […]
FINAL PAYCHECK
What California Employers Must Pay Upon Termination A worker recently asked whether his now-former employer should have included sick time and vacation time in his final paycheck. He wrote: “I’m no longer working for [the employer] and I thought I was going to get my paid time off with my last check such as … […]
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 […]
AT-WILL EMPLOYMENT AND WRONGFUL TERMINATION
California’s Labor Codes do a lot to protect employees but there are some laws that benefit employers as well. For instance, unless a company and an employee agree otherwise, their relationship is presumed to be “at-will.” As defined, this means there is no promise or obligation of continuing employment. Either the employer or employee may […]
WORKERS FREELY COMPETING WITH FORMER EMPLOYER
California Protections Found in Non-Disclosure Agreements (NDAs) Many states recognize a business’s ability to negotiate and enter contracts restricting a departing employee from taking a job with a competitor – or opening a competing business – within reasonable geographic limits and for a limited, reasonable time following the termination date. However, with very limited exceptions, […]
BIG STICK DIPLOMACY
Employee Discipline Policies Then-New York Governor Teddy Roosevelt probably summed up politics, diplomacy, and personnel management with his line: “Speak softly and carry a big stick; you will go far.” Some suggestions: ● Management is Part of the Solution, Not the Problem – In the face of reported misconduct, a personnel manager should always proceed […]
WRITTEN SALARY AGREEMENTS AND OVERTIME
California Appeals Decision Confirms Salary Agreements for Hourly Employees That Foreclose Overtime Claims A February 7, 2011 California Court of Appeal decision permits explicit written salary wage agreements for hourly workers that include overtime compensation within that set weekly amount. In Arechiga v. Dolores Press, a former employee sued for alleged unpaid overtime. Working as […]