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You probably know that docking the pay of an employee who is exempt from overtime is fraught with risk-the person could lose their exempt status and you could have to begin paying overtime, as well as back overtime for up to three years. And some courts have said that merely having a written policy giving […]
In January, we reported on the impact California’s Proposition 215, the Medical Marijuana Initiative, will have on the workplace. Prop. 215 allows marijuana use if it is recommended, orally or in writing, by a physician. But there are many unanswered questions, including when the use of medical marijuana can be grounds for termination and how […]
At first glance, this case might seem hard to believe. An employer is ordered to pay big damages to a worker who was fired for testing positive for drug use following a workplace accident. Why? Because of poor documentation and alleged race discrimination, both of which could have been avoided. With this case and the […]
California’s new workplace ergonomics rules won’t take effect until they are rewritten to make them easier to understand. The California Office of Administrative Law, which must approve all new state regulations, has just rejected the rules and asked for clarification of several different sections. The California Occupational Safety and Health Standards Board expects to have […]
The federal appeals court that covers California recently ruled that a public employer violated employees’ free speech rights when it banned religious discussion and materials in the workplace. The decision highlights the need for public and private employers alike to exercise care in adopting policies that restrict employees’ religious activities at work. Join us this […]
The problem can surface without warning. A former independent contractor applies for unemployment benefits, but the state can’t find any record that the person was on your payroll or that you paid unemployment taxes. Before you know it, you’re being audited and facing huge penalties for all the workers you may have misclassified as independent […]
Drug testing has long been a murky area for employers. Now the California Supreme Court has just issued its first decision that sheds some light on the issues and makes a sharp distinction between drug testing applicants and testing existing employees. However, although the case has important implications, it isn’t the sweeping clarification employers had […]
You notice a strange odor as you walk by an employee standing on the street in the smokers’ area outside the entrance to your building. Then you realize the person is smoking marijuana. You may think you have clear grounds for discipline, termination or even calling the police. But taking action against the worker could […]
As the Agency Rent-A-Car case shows, you can find yourself mired in an expensive lawsuit for misclassifying employees as exempt from overtime. Here are four common employer mistakes: Ignorance of the law is not an excuse. Employers run into trouble when they don’t know the rules on classifying employees. Private sector employers in California are […]