Archives

E-Alert Item: New Opinion Letter Explains Guidelines for Paying Exempt Workers During Temporary Shutdowns

If you’re planning to close your doors for the holidays to help trim costs, and you want exempt employees to use up their accrued vacation during this period, you may want to review whether your plans comply with state wage and hour rules regarding exempt employees. A recent opinion letter from the state Division of […]

E-Alert Item: Bush Administration Proposes Rules on Converting to Cash-Balance Plans Without Violating Age-Bias Laws

When employers convert traditional retirement plans to cash balance plans, the conversion often results in less money for workers who are closer to retirement age. And, as a result, cash balance plans have come under fire in recent years as being unfair to older workers–and possibly illegal under federal age bias laws. But the Bush […]

E-Alert Item: New Employer Sued for Unfair Competition Can’t Delay Arbitration Between Employee and Former Employer

After Nancy Duitch left her position as president of One World Networks Integrated Technologies to work at Buckhead Marketing, she entered into arbitration with One World over a series of disputes involving wages owed to her, and unfair competition claims by One World. One World also sued Buckhead Marketing for unfair competition. Buckhead Marketing then […]

E-Alert Item: High Court Won’t Review Vegan’s Case

In the November 2002 article, we reported on a California appeals court ruling that veganism–which is the refusal to eat and use any animal products–doesn’t qualify as a religion under state workplace discrimination laws. Now the California Supreme Court has refused the vegan’s plea to review the appellate court’s decision. As a result of the […]

E-Alert Item: DOL Says Insurance Adjusters Not Entitled to Overtime Pay

The federal Department of Labor has said in a recent opinion letter, which was issued in response to an insurance industry group’s inquiry, that adjusters qualify for the administrative exemption from overtime under the Fair Labor Standards Act. The opinion reaffirms the DOL’s position on this issue, and was based on the DOL’s review of […]

Family Leave: New Law Creates Paid Family Leave Program; What You Need To Know

A newly signed piece of legislation that has drawn much attention—S.B. 1661—makes California the first state in the nation to have a paid family leave program. Fortunately, you’ll have time to get ready because employees can’t begin to collect the family leave pay benefits until July 1, 2004. To help you get started, we’ve laid […]

Terminating Employees: New “Cal/WARN” Law Imposes Broad Layoff Notice Requirements

Gov. Davis has signed into law state layoff notice requirements similar to those in the federal WARN Act—but broader. We’ll explain what you need to know about the new state law, which we’ll call “Cal/WARN.” Federal WARN Coverage The existing federal WARN Act applies to employers with more than 100 workers. And notice under WARN […]

Trade Secrets: New Case Shows Importance Of Taking Proper Steps To Safeguard Your Trade Secrets

In a new case, an employer argued that even when there’s no evidence that a former employee misappropriated trade secrets, you should be able to block the person from working for a competitor merely by demonstrating that the employee’s new job duties would inevitably cause them to rely on your trade secrets. We’ll tell you […]

New Sick Leave Legislation: Review Your Policies Now

  A law enacted several years ago permits employees to use up to one-half of their accrued sick leave to attend to the illness of a child, parent, spouse or domestic partner. Now new legislation, S.B. 1471, signed by Gov. Davis, makes it illegal for an absence control policy to count sick leave taken under […]