Posts Tagged ‘employer best practices’
SAFE HARBOR OR SHIPWRECK? PART 2
Department of Labor Has Launched Program For Voluntary Correction of Payroll Errors Last week’s blog, Safe Harbor or Shipwreck?, detailed the U.S. Department of Labor’s (DOL) imminent PAID program (Payroll Audit Independent Determination). The program permits employers to audit their own records for wage compliance violations and to correct those violations in cooperation with the […]
WHY JOB DESCRIPTIONS MATTER
Employers can easily overlook the importance of job descriptions, starting as part of the hiring process. No law requires them and no explicit guidelines or instructions exist for writing them. However, properly written and updated job descriptions can be an important tool to help management and employees fully understand the nature of each company position […]
SAFE HARBOR OR SHIPWRECK?
New U.S. Department of Labor Payroll Audit Independent Determination (PAID) Program to Voluntarily Address Payroll Errors The U.S. Department of Labor (DOL) has announced the imminent launch of the PAID program – Payroll Audit Independent Determination. The program’s intent is to permit employers to self-audit and correct as appropriate their minimum wage and overtime practices, […]
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 […]
CAUTIONARY TALES EPISODE NINE
Weight Loss and Fitness Chain $8.3 Million Lighter After Citations for Wage and Hour Violations The Labor Commissioner’s latest press release announced citations of $8.3 million against Camp Bootcamp, Inc., dba Camp Transformation Center, which operates 15 fitness and weight loss centers from its Chino headquarters. The citations include a long list of Labor Code […]
RELIGIOUS OBJECTION TO MANDATORY FINGERPRINTING
Employer Must Properly Address Faith-Based Protest Employers must correctly field and handle an employee’s religiously-based objection to a workplace requirement, even when the employer’s requirement is mandated by law. For example, in Kaite v. Altoona Student Transportation, Inc., plaintiff worked as a Pennsylvania school bus driver for employer Altoona Student Transportation (AST). AST began implementing […]
CALIFORNIA VERSUS THE FEDS
California Law Restricts Employer Cooperation with Immigration Agents California’s Immigrant Worker Protection Act, AB 450 (the Act), went into effect on January 1, 2018. It creates numerous restrictions to prevent an employer’s voluntary cooperation with worksite immigration inspections. Pursuant to the Act, Government Codes 7285.1 and 7285.2 prohibit employers from voluntarily allowing access to non-public […]
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 […]
CAUTIONARY TALES EPISODE EIGHT
BUSTED Adult Care Facilities Must Pay Minimum Wage and Overtime or Face Expensive Consequences California’s Labor Commissioner continues her pursuit of businesses that fail to comply with wage and hour laws. In a January 9, 2018 News Release, she announced citations of $7,137,036 against Adat Shalom Board & Care, Inc., which operates six residential board […]
PREVENTING WORKPLACE DISCRIMINATION
ACCOMMODATING DISABILITIES, MADE SIMPLE – New Guidelines Package Available for California Employers The California Fair Employment and Housing Act (FEHA) requires employers with five or more on payroll to engage in an “interactive process,” i.e., a timely, good faith communication to explore if and how to reasonably accommodate a physically or mentally disabled worker in order to […]