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 disability-related accommodation. The employer must have timely, good faith and ongoing discussions to explore if and how to reasonably accommodate the physically or mentally disabled worker’s ability to perform the essential functions of his or her job. Failure to do so can be a costly error.
The federal E-Verify program provides a way for employers to confirm that people they are hiring are eligible to work in the United States. Participation in E-Verify is discretionary for most employers, but mandatory for federal contractors and certain others, such as businesses in states requiring its use. California is not one of those states. […]
In addition to the safeguards we have recently reported, the California legislature has enacted other significant “Me-Too”-inspired legislation effective January 1, 2019 to further prevent workplace harassment and encourage those targeted to prevail on their claims: Optional Bystander Intervention Training Authorized. Employers may, but are not required to, provide bystander intervention training and guidance to […]
The Expanding Meaning of “Zero Tolerance” The #MeToo movement has prompted the California Legislature to expand employer liability for harassment of employees and other specified persons effective January 1, 2019, making it far easier for workers to sue and bring their cases to trial. Release and Waiver Agreements Prohibited: Except for certain negotiated settlement agreements […]
California Labor Code section 515.6 exempts certain licensed physicians and surgeons from overtime compensation if they receive set minimum hourly compensation. Effective January 1, 2019, the California Department of Industrial Relations is increasing the minimum from $79.39 to $82.72 per hour, up from $79.39, effective January 1, 2019. To avoid California’s requirements to pay overtime premium […]
Construction Accidents Kill Two with Resulting Large Fines against the Employers Two recent Cal/OSHA cases underscore the need for effective safety measures, especially in hazardous conditions. Cal/OSHA cited two employers after an employee of each died as the result of a trench collapse. In April 2018, Bay Construction Co. was installing underground pump equipment at […]
The Internal Revenue Service (IRS) has announced its 2019 optional standard mileage reimbursement rate for employee business use of a personal vehicle, effective January 1, 2019, increasing from 54.5 cents to 58 cents. The IRS calculates the rate annually based on a study of fixed and variable automotive operating costs, including insurance, repairs, maintenance, gas […]
New 2019 Overtime Exemption Rates California Labor Code section 515.5 exempts certain computer software professionals from overtime compensation if they receive specified minimum compensation. California’s Department of Industrial Relations (DIR) has announced its rate increase for this minimum, effective January 1, 2019, to $45.41, up from $43.58. Alternatively, an otherwise qualified employee paid by salary […]
Local Minimum Wage Rates Can Affect Split Shift Calculations Some employers, particularly in the restaurant industry, schedule their employees to work a “split shift,” i.e., two distinct work periods in the same workday separated by more than a one-hour meal break. For example: a waiter who works the 10:00 a.m. to 1:00 p.m. breakfast/lunch shift […]
California Expands Sexual Harassment and Violence Legal Protections A claim for sexual harassment exists under section 51.9 of the Civil Code against someone who is in a “business, service or professional relationship” with the harassment victim. This section enumerates various professions subject to such a claim including attorneys, persons with a master’s degree in social […]