Posts Tagged ‘laws for employees’
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 […]
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, […]
UNIONIZING HOME HEALTH CARE
California May Require More Home Aide Disclosures Starting July 1, 2019 The Home Care Organization Consumer Protection Act (HCOCPA), effective January 1, 2016, requires licensing of home care organizations (HCOs) and registration of their home care aides (HCAs). The Home Care Services Bureau (HCSB) of California’s Department of Social Services (CDSS) regulates this industry. See […]
CAUTIONARY TALES EPISODE 27
Walmart Hit with Six Million Dollar Verdict for “Discouraging” Off-Site Meal Breaks California employers must provide non-overtime-exempt employees unpaid meal break(s) based on the number of hours worked in a given day. See, Required Meal Periods and Rest Breaks Revisited (April, 2018). The California Supreme Court’s 2012 Brinker Restaurant Corp. decision clarified that “employer-provided” breaks […]
MY WAY OR THE HIGHWAY
California At-Will Employees Bound to Lawful Policy Changes by Continuing to Work after Their Adoption In Diaz v. Sohnen Enterprises, California employer Sohnen Enterprises instituted a mandatory dispute resolution policy requiring that all employee claims be arbitrated. “Arbitration” is a private dispute resolution tool, bypassing court trials by jury. The company informed the employees of […]
INDEPENDENT CONTRACTOR OR EMPLOYEE?
California Legislature Dealing with Competing Proposals to Kill or Expand New Dynamex Test In 2018, the California Supreme Court’s Dynamex ruling drastically changed the criteria for independent contractor classification to determine entitlement to many employee rights and benefits. See, Independent Contractor Status in California Now Falls Under Radically Different Rules (June, 2018). Rejecting the long-established balancing […]
CHECK OR DEBIT CARD
Changes to California’s Mandatory Workplace Pamphlets on State Benefit Programs California employers must provide certain government-issued pamphlets or information sheets to new hires, to employees on certain types of leaves of absence, and to workers upon termination of employment. The California Employment Development Department (EDD) — overseeing unemployment and disability benefits, payroll tax collection, and […]
ALL IN THE FAMILY
New Workplace Notice Available For Family Related Leaves Starting April 1, 2019, covered California employers must post the new Family Care and Medical Leave and Pregnancy Disability Leave notice (DFEH-100-21/March 2019). Previously, the notice was only for employers with 50 or more on payroll. It summarized employee rights and responsibilities when requesting Family Care […]
FOR WHOM THE BELL TOLLS…
KNOCK, KNOCK When It’s Your Turn For a Government Payroll Audit For California, the Employment Development Department (EDD) is responsible for the administration of unemployment and disability insurance, workforce training services and payroll audits. The agency has the power to impose significant, potentially fatal penalties for non-compliance. An EDD visit to look over pay practices […]
HAIRSTYLE DISCRIMINATION
California Aims to Protect Workers Against Race-Based Natural Hairstyle Bias Federal, state and local laws have long banned workplace racial discrimination. A recent trend seeks to expand such protections to various race-based traits, particularly certain hairstyles. Under California’s now-pending Senate Bill (SB 188), workplace dress or grooming policies prohibiting natural hairstyles, including Afros, braids and […]