Tag: CEA

Exempt vs. Non-Exempt: California Supreme Court Verdict on Overtime

In a long-awaited decision, the California Supreme Court has unanimously held that California-based employers must pay overtime to certain nonresident employees who spend time working full days or weeks in the state – and that the failure to do so can provide the basis for a claim under the state unfair competition law (Sullivan v. […]

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Can a Single Employee Elect an Alternative Work Week?

We are an employer with fewer than 10 employees. Can a single employee elect an alternative work week? If she does, can she work weeks that look like this?: M-10, T-3, W-5, Th-8, F-4, Sa-10 First, the alternative work week rules apply to all California employers regardless of the size of the company, although there […]

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Employees to Get Stimulus Bonuses Starting…Now!

As part of the new stimulus package, many workers will be seeing a little extra cash in their paychecks beginning this month—in the form of a reduced federal income tax withholding called the Making Work Pay Tax Credit. For employers, this means that payroll calculations need to be adjusted to ensure that the lowered withholding […]

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Employee Retention & Engagement

The California Department of Fair Employment and Housing (DFEH) recently issued a decision that reads like a “what not to do” in response to employee complaints. When one employee complained to her manager about sexual harassment and assault by a coworker, the company looked into the matter but failed to protect her. In fact, the […]

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When is an Employee a Whistleblower?

California law provides broad protection to employees who are whistleblowers. But how do you know when an employee is blowing the whistle? And what should you do once the whistle has been blown?

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Alternative Work Week Rules Revised

Recognizing that a tough economy requires greater flexibility, California recently amended Labor Code Section 511, the law that governs how employers may implement alternative work week (AWW) schedules. In addition to weekly overtime, California employers are required to pay nonexempt employees daily overtime if an employee works more than eight hours in a day. An […]

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House Passes Equal Pay Bills

The U.S. House of Representatives has approved two pieces of legislation that proponents say will boost protections against gender discrimination in compensation. The first, the Lilly Ledbetter Fair Pay Act of 2009, would amend the Civil Rights Act of 1964 to declare that an unlawful employment practice occurs when (1) a discriminatory compensation decision or […]

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U.S. Supreme Court Issues Important Retaliation Ruling

The U.S. Supreme Court has just released a ruling in the case of Crawford v. Metropolitan Government of Nashville and Davidson County, concluding that Title VII’s anti-retaliation provision extends to an employee who speaks out about discrimination while answering questions during an employer’s internal investigation.

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Criminal Histories: What Not to Ask

Knowing what questions to ask applicants is key to finding the right people for your company. But it’s just as important to know what questions not to ask to avoid potential lawsuits. For example, asking job applicants about personal information like marital status, sexual orientation, and pregnancies can be one of the quickest routes to […]

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