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Short Takes: Overtime on Bonuses

Could I get some clarification on whether we owe overtime on predetermined bonuses? We pay a production bonus to our assembly workers when they hit certain production levels. The bonus is not a great amount of money, but it does seem to keep production levels up. Now we’ve heard that we should somehow be paying […]

Short Takes: Harassment Training for Temps

I have a question about sexual harassment training. We have 35 full-time regular employees and usually about 40 or 50 temporaries. The temps work for months at a time, but we release them during slow periods. I think the law says you have to provide harassment training if you have 50 or more employees. Do we […]

Exempt/Nonexempt: How Do We Properly Classify Our IT Workers?

I need some help with the administrative exemption as it relates to IT workers. We are a software consulting firm. Each consultant works pretty independently, managing and doing work on their own projects directly with clients. Their work is a mix of upper-level tasks (systems analysis, training, project management) and lower-level tasks (installing upgrades and […]

Hiring: Can We Use Credit Checks in Evaluating Candidates?

We routinely do background checks on our final candidates for employment. Now we’ve got a finalist that we all really like, but the background check revealed a problem credit history. The job doesn’t involve money, but we’re wondering what the credit history might reveal about this person’s character. I want to ask the candidate about […]

Family and Medical Leave: A Spotlight on Time Off for Adoption or Foster Care

A new department of Labor opinion letter sheds light on when an employee does—and doesn’t—have the right to FMLA leave when adopting a child or receiving a child for foster care. We’ll explain the rules and point out some key differences in this area between the FMLA and the California Family Rights Act (CFRA). FMLA […]

Employee Uniforms: Court Says Public Employees Must Pay for Their Own Uniforms; A Look at the Rules for All Employers

Several employee groups—firefighters, sheriffs, police officers, guards, and forest rangers—filed class action suits against their public-sector employers in California, charging that they weren’t fully compensated for the costs of purchasing, replacing, cleaning, and maintaining required work uniforms, in violation of Labor Code Section 2802. This provision requires an employer to reimburse employees for all necessary […]

DLSE Reports on Status of Meal Period Rule

It’s been almost a year since the California Division of Labor Standards Enforcement (DLSE) proposed a new rule to add flexibility for employers and employees to California’s meal period requirements. The rule, which has gone through several versions, still isn’t final.