BACK TO SCHOOL SPECIAL EDITION: Teaching Supervisors When To Contact The Human Resources Department.
It’s September. Traffic has swollen to new highs—kids are back in school. Many have forgotten what they learned. Many...more
Since last Thursday, the Internet has been buzzing with news of the National Labor Relations Board’s decision in Browning-Ferris Industries of California, Inc., which held that a Silicon Valley recycling center was a “joint...more
9/4/2015
/ Administrative Interpretation ,
Browning-Ferris Industries of California Inc. ,
Department of Labor (DOL) ,
Fair Labor Standards Act (FLSA) ,
Franchisee ,
Independent Contractors ,
Joint Employers ,
Lyft ,
NLRB ,
Right to Control ,
Sharing Economy ,
Staffing Agencies ,
Uber ,
Wage and Hour
THE INCREASING DANGER OF BACKGROUND CHECKS -
New Laws and Emerging Privacy Rights Complicate an Already Difficult Process.
The intersection of privacy laws and employment practices can be a dangerous one. Employers...more
8/26/2015
/ Background Checks ,
Ban the Box ,
Credit Reports ,
Criminal Background Checks ,
Data Privacy ,
Data Protection ,
Employee Privacy Rights ,
Employer Liability Issues ,
Employment Policies ,
Enforcement Guidance ,
Equal Employment Opportunity Commission (EEOC) ,
FACTA ,
Fair Credit Reporting Act (FCRA) ,
Federal Trade Commission (FTC) ,
Hiring & Firing ,
Screening Procedures ,
Sex Offender Registry
Global warming, a decaying infrastructure, budget problems, pollution, endangered species; these are all serious problems. In a world full of serious problems, lesser tragedies frequently go unnoticed. Like the plight of the...more
The US Department of Labor recently revised the model Family and Medical Leave Act notices and medical certification forms to be given to employees in connection with the FMLA. The forms are not substantially changed from the...more
For the third year in a row, the California Senate is seeking to increase California’s minimum wage with automatic adjustments for inflation. Specifically, Senate Bill 3 proposes to raise minimum wage to $11 per hour on...more
Abercrombie & Fitch’s “Look Policy” Needs A Makeover After The Supreme Court Looked At It -
The Abercrombie & Fitch clothing company is famous for their scantily clad models with six-packs and very little actual clothing...more
6/9/2015
/ Abercrombie & Fitch ,
Appearance Policy ,
Disparate Impact ,
Disparate Treatment ,
EEOC v Abercrombie ,
Hiring & Firing ,
Job Applicants ,
Minimum Wage ,
Reasonable Accommodation ,
Religious Discrimination ,
SCOTUS ,
Title VII
In a move that will undoubtedly frustrate California employers, the United States Supreme Court has denied review of Bridgestone Retail Operations v. Milton Brown, a California Supreme Court case which held that Private...more
A hot topic for legislators throughout the United States, last fall California became the second state to require paid sick leave. Effective July 1, 2015, California’s Healthy Workplaces, Healthy Families Act of 2014 provides...more
Continuing in a trend that started in 2013, the California Legislature focused considerable time and effort on expanding liability and increasing penalties under several existing laws for 2015....more
4/15/2015
April 15, a date that lives in infamy. That is what FDR said about December 7, 1941, but many people feel the same way about April 15, also known as “Tax Day”. No one likes paying money to the IRS, even those persons who...more
Assembly Bill 1897 is essentially an effort to hold employers who contract for labor accountable for wage and hour violations, something the legislature has sought to do in various failed legislative attempts over the last...more
We’ve written here about the abuse of interns previously. At the time, we were focused on the all-too-common practice of using unpaid interns to augment the workforce, a violation of labor law that occurs frequently in the...more
3/25/2015
Assembly Bill 2053 expanded the existing requirement for sexual harassment training under Government Code section 12950.1 to include training on the prevention of abusive conduct. Effective January 1, 2015, the law applies to...more
One of the more interesting laws to emerge from the 2014 legislative session was Assembly Bill 1792. AB 1792 amends and adds sections to the Government Code, Unemployment Insurance Code and Welfare and Institutions Code....more
At the beginning of every year, the Equal Employment Opportunity Commission reports statistics on types of charges filed by employees and former employees over the course of the preceding year. These statistics help employers...more
Most California employers know that they have to reimburse employees for business-related expenses. Indeed, California Labor Code section 2802(a) provides that an employer “shall indemnify his or her employee for all...more
Although the Patient Protection and Affordable Care Act does not require small businesses to purchase group healthcare insurance for their employees, there is a tax credit available if they choose to do so. Specifically, a...more
New Laws for 2015 -
With hundreds of laws being proposed in the California Legislature each year, it is hardly a surprise that more than a few are signed into law. For employers, staying abreast of these new laws is a...more
Fine, but make sure that you do so correctly. Many employers prefer to reimburse employees for healthcare insurance premiums rather than hassle with providing coverage under a group healthcare plan. In so doing, these...more
Oil prices may be going down, but reimbursement rates are going up. On January 1, 2015, the IRS standard mileage deduction rate increased from 56¢ to 57.5¢ per mile for business miles driven. ...more
In order to comply with employment notice requirements under state and federal law, employers must be sure that all notices and posters they display for their employees are current and that they post any newly required...more
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
Each year, the IRS issues contribution limits for Health Savings Accounts for the upcoming year. The 2015 contribution limits are outlined below....more
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