Kelly Scott

Kelly Scott

Ervin Cohen & Jessup LLP

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Latest Publications


Spreading the Holiday Cheer with Temporary Closings

Many businesses shut down for specific periods of time over the holidays. Often this is due to a reduction in the amount of available work and/or a reduction in available staffing. In some cases, such as the entertainment...more

12/12/2014 - DLSE Holidays

IRS Issues 2015 HSA Contribution Limits

Each year, the IRS issues contribution limits for Health Savings Accounts for the upcoming year. The 2015 contribution limits are outlined below....more

10/20/2014 - Defined Contribution Plans Health Savings Accounts IRS

The NLRB Does It Again!

The National Labor Relations Board (NLRB) recently ratified all the decisions made by the NLRB, including those made in administrative and personnel matters, during the period of time when it did not have a proper quorum....more

8/19/2014 - Canning v NLRB NLRB Recess Appointments

How Not To Train Employees: Stage A Fake Armed Robbery

Ever wonder how your employees would handle a life-threatening situation? Well, four supervisors of the West Kern Water District apparently did. And they didn’t just wonder; concerned about robberies in the area and following...more

7/29/2014 - Employer Liability Issues Robbery Safety Training Training Workplace Hazards Workplace Violence

It Was All A Dream

That may be what the NLRB and others are thinking right now. Remember all those rather aggressive decisions made by the NLRB about a couple of years ago? It is as if they never happened....more

7/16/2014 - Barack Obama Canning v NLRB Employer Liability Issues NLRB Recess Appointments SCOTUS

California Supreme Court Upholds Class Action Waiver In Arbitration Agreement

Finally! The California Supreme Court recently fell in line with the United States Supreme Court on the enforceability of class action waivers in arbitration agreements by upholding their enforceability. Previously, the...more

7/14/2014 - Arbitration Class Action Class Action Arbitration Waivers CLS Transportation Employer Liability Issues Employment Contract Federal Arbitration Act Iskanian PAGA Trucking Industry

California Minimum Wage Increases July 1st!

Any California employer that has been in hiding the last six months or more may not be aware that California’s minimum wage increases to $9 per hour from the existing minimum wage of $8 per hour on July 1, 2014. In addition...more

7/1/2014 - Exempt-Employees Hiring & Firing Minimum Wage Non-Exempt Employees Wage and Hour

Introductory Periods Must Be Reconsidered in Light of Insurance Waiting Time Rules

Most employers have an “introductory” or “probationary” period for new full-time employees. This period is usually defined as a set period of time following the date of hire, usually 90 days in length, during which a new...more

6/24/2014 - Employee Benefits Popular Waiting Periods

Employment Law Reporter – June 2014: Reporting Time Pay Revealed

An employer realizes that too many employees have reported for work on what is obviously going to be a slow day for business. Just send home the extra employees, right? Yes, but not without considering the...more

6/11/2014 - Employee Rights Employer Liability Issues Non-Exempt Employees Wage and Hour Wages

Are there Hazardous Chemicals in the Office?

We recently posted information concerning OSHA’s new training requirements that are designed to align its Hazard Communication Standard with the United Nations’ Globally Harmonized System of Classification and Labeling of...more

5/6/2014 - Chemicals Globally Harmonized System Hazardous Substances OSHA Safety Precautions

Labor Commissioner Liens on Real Property

One of the laws that was passed in California in 2013 that did not receive much media attention was Assembly Bill 1386. AB 1386 amended Labor Code section 98.2 to give the Labor Commissioner additional means to collect wages...more

4/29/2014 - Employer Liability Issues Liens Penalties Wage and Hour Wages

A Quick Note About SDI

I have noted some confusion among employers about what information must be given to employees regarding California State Disability Insurance (SDI) and when it must be provided. Employers are currently responsible for...more

4/18/2014 - Disability Disability Benefits Disability Insurance

It Makes The World Go ‘Round

Money, that is. It is a motivation shared by employers and employees alike. It is the reason why employers are in business and why employees work for employers. And it is often the primary reason for a lawsuit....more

4/2/2014 - Attorney's Fees Employer Liability Issues

Severance Pay As Wages: Business As Usual

Confirming what most employers have long assumed to be true, this week the U.S. Supreme Court held that severance payments made to terminated employees are “wages” subject to the Federal Insurance Contributions Act (FICA) tax...more

3/31/2014 - FICA Taxes IRS Quality Stores SCOTUS Severance Agreements

Secretary of Labor Directed to Update Federal Overtime Rules

In a brief memorandum recently issued to the Secretary of Labor, President Obama directed the Department of Labor (DOL) to update federal overtime rules. As noted in the memorandum, the Fair Labor Standards Act (FLSA)...more

3/25/2014 - Employee Rights FLSA Minimum Wage Over-Time Unpaid Overtime Wage and Hour

A Reminder: The Standard Mileage Rates for 2014 Have Changed

On January 1, 2014, the IRS standard mileage deduction rate decreased from 56.5¢ to 56¢ per mile for business miles driven. The rate for medical or moving purpose mileage also decreased from 24¢ to 23.5¢. The rate for miles...more

3/6/2014 - IRS Mileage Reimbursement Travel

Employment Law Reporter - March 2014: Constructive Voluntary Quitting?

Many employers are familiar with the concept of constructive wrongful termination, a legal theory invoked by plaintiffs who claim that they were forced to quit as a result of intolerable and illegal working conditions. But...more

3/6/2014 - Constructive Discharge Hiring & Firing Human Resources Professionals Retaliation Termination

When are Paralegals Illegal?

When they are not properly paid. A number of law firms and corporate employers consider paralegals to be exempt from overtime. At the federal level, the Department of Labor (DOL) has stated that most paralegals lack...more

3/3/2014 - Classification DOL Exempt-Employees Misclassification Unpaid Overtime

Hurry Up and Wait: Parts of the Affordable Care Act Are Further Delayed

The Department of Treasury and the Internal Revenue Service recently released final regulations for employer responsibility provisions of the Affordable Care Act (ACA) that will delay parts of the employer mandate that...more


When Is A Tip Not A Tip?

When it’s a service charge. On June 25, 2012, the Internal Revenue Service (IRS) issued Revenue Ruling 2012-34 which provides guidance to employers and employees on the difference between tips and service charges as well as...more

2/14/2014 - Income Taxes IRS Tips

New Minimum Wage Poster Required

All California employers should by now be using the new minimum wage law poster released by the California Industrial Welfare Commission. The poster serves to notify all employees of the planned minimum wage increases that...more

1/22/2014 - Minimum Wage Posting Requirements

A New Vocabulary for HR Professionals

Any human resources professional will tell you that their job can be difficult. Every employer is subject to a vast array of state and federal employment laws. These laws are often complex and filled with subtleties that can...more

1/22/2014 - Human Resources Professionals

Final Pay Facts: How To Pay So That You Don’t Pay

A few months ago I posted a blog article that outlined the basic rules on when a terminated or resigning employee must be paid his or her final wages in the State of California (“Payments Upon Termination of Employment: Is...more

1/14/2014 - Hiring & Firing Resignation Termination Wages

A Reminder: New OSHA Training Requirements Are Now In Place

Over the next few years, the Occupational Safety and Health Administration (OSHA) will be phasing in certain safety requirements designed to align its Hazard Communication Standard with the United Nations’ Globally Harmonized...more

1/7/2014 - Chemicals Compliance Hazardous Substances OSHA Safety Precautions Training Workplace Hazards

Holiday Employment of Minors

So you want to help out an ambitious kid that really wants to make a few dollars over the holidays by giving him or her a job? In general, it is possible to put children 12 years of age and older to work in California,...more

12/18/2013 - Compliance Minimum Wage Minors

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