Kelly Scott

Kelly Scott

Ervin Cohen & Jessup LLP

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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

2/25/2014

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

New California Employment Laws for 2014

With another year comes another new set of laws for California employers; what else would you expect from sending a bunch of legislators to Sacramento? Here is an overview of the highlights (or lowlights, depending on your...more

12/5/2013 - Compliance Employee Rights Employer Liability Issues FEHA Minimum Wage Wages

Understanding Split-Shift Pay

Many California employers are not aware that requiring employees to work more than one shift in a day, or including a significant break in a workday, can trigger a penalty. Specifically, each Wage Order issued by the...more

11/19/2013 - Compliance DLSE DOL Split-Shift Wages

3 Legal Mistakes Hiring Managers Make In the Employment Process

In your experience, what's the one legal mistake hiring managers always (inadvertently) make? That's the question we asked labor and employment attorneys writing on JD Supra - and here is what we heard back...more

11/8/2013 - Background Checks Hiring & Firing Legal Perspectives

Payments Upon Termination Of Employment: Is Anyone Still Confused?

Most California employers know that an employee who is fired must be paid all of his or her wages, including accrued but unused vacation, immediately at the time of termination. Labor Code sections 201 and 227.3. However, I...more

11/7/2013 - Hiring & Firing Penalties Resignation Termination Unpaid Wages Vacation Pay Wages

Paycheck Basics

Labor Code section 226 sets forth numerous requirements for itemized earnings statements. In particular, the statement or paycheck stub must include the following information...more

10/30/2013 - Compliance Wage Statements Wages

New Law Adds Military and Veteran Status as Protected Categories

As most employers are aware, the California Fair Employment and Housing Act (FEHA) protects and safeguards the right and opportunity of all persons to seek, obtain, and hold employment without discrimination on account of...more

10/22/2013 - Anti-Discrimination Policies FEHA Military Service Members Protected Class Veterans

Express Yourself!

California employers should be aware that Labor Code Sections 1030, et. seq., provide a number of rules about lactation accommodation in the workplace. Specifically, employers are required to provide a reasonable amount of...more

10/15/2013 - Breastfeeding Reasonable Accommodation Rest and Meal Break

Employer Entitled to Attorney’s Fees Only if Employee Acts in Bad Faith

Governor Brown has signed Senate Bill 462 amending Labor Code Section 218.5 to state that, in an action brought for the non-payment of wages, fringe benefits or health and welfare or pension fund contributions, a prevailing...more

10/10/2013 - Attorney's Fees Bad Faith Employee Rights

Employment Law Reporter - October 2013: Workplace Violence Examined (Part 2)

Using the risk factors outlined in our September Employment Law Reporter, and with consideration to the various types of possible workplace violence and the nature of the employer’s business, employers should establish...more

10/8/2013 - OSHA Safety Precautions Workplace Hazards Workplace Violence

It Has Never Been About Desire: New Law Clarifies Standards for Sexual Harassment Cases in California

Governor Brown has signed Senate Bill 292 into law. SB 292 amends the Fair Employment and Housing Act (FEHA) in response to the case of Kelley v. Conco Companies, a 2011 California Court of Appeal same-sex harassment...more

10/3/2013 - FEHA Hostile Environment Sexual Harassment

In Case You Missed It: ACA Notice Must Be Given By October 1

By October 1, 2013, every employer must provide employees with a Notice of the Affordable Care Act and the availability of health insurance through the health plan Marketplaces. There are two model notices that have been...more

9/24/2013 - Affordable Care Act Deadlines Employer Mandates Marketplace Notice Notice Requirements

Employment Law Reporter - September 2013: Workplace Violence Examined (Part I)

What can employers do to prevent workplace violence? Unfortunately, we have learned a lot about violence, but we can use that knowledge to our advantage. In order for an employer to implement preventative measures, it must...more

9/24/2013 - Hostile Environment OSHA Workplace Violence

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