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Disabilities: How Do We Determine Whether an Employee Is a Safety Threat?

We have a large workforce, and many people operate machinery, fork trucks, etc. Plus, many handle hazardous substances. We now think that some employees have medical conditions that may cause them to lose concentration, and we have some other employees who may be taking medications that might affect their ability to work safely. How do […]

Claims Adjusters Don’t Qualify for Overtime Exemption

Liberty Mutual’s claims adjusters investigated and estimated claims, made coverage determinations, negotiated settlements, and identified potential fraud. The claims adjusters sued the insurer for back overtime pay, claiming they were misclassified as exempt administrative employees. A California appeals court has now ruled in the employees’ favor, finding that they didn’t qualify for the administrative overtime […]

Employment Law Tip: Paying Employees in a Disaster

The wildfires that have flared up in Southern California are a grim reminder that disaster can strike at any time and result in unexpected workplace closures. A special provision in the Industrial Welfare Commission Wage Orders permits you to send nonexempt employees home—without having to pay a reporting-time premium—in any of these situations: Operations can’t […]

Legislation: What’s Coming for 2008

On October 14, Gov. Schwarzenegger wrapped up his review of pending measures, signing bills that are of interest to employers and vetoing many others. Join the Employer Resource Institute and noted California employment law experts on December 10-12 at the historic Claremont Hotel in Berkeley, California, for a full rundown on legislation California employers need […]

Employment Law Tip: Direct Deposit—Don’t Force It

Direct payroll deposit can be a real timesaver for employers and employees alike. But did you know that California law prohibits employers from requiring employees to use direct deposit for their paychecks? Specifically, Labor Code Section 213 makes it clear that employers can use direct deposit, but only when the employee voluntarily authorizes it. Additional […]

Employment Law Tip: Leave for Victims of Domestic Violence or Sexual Assault

In California, an employer with 25 or more employees is prohibited from discharging or in any way discriminating or retaliating against an employee who is a victim of domestic violence or sexual assault because that person takes time off from work for any of these reasons: to seek medical attention for injuries caused by the […]

Independent Contractors: Maid Company to Pay Big for Misclassification

A federal judge has ordered Southern California Maid Services and Carpet Cleaning, based in Gardena, to pay $3,467,789 in back wages, plus $1,058,973 in liquidated damages, to 385 current and former low-wage domestic workers who were misclassified as independent contractors. The court’s action resolves a lawsuit filed against the employer by the U.S. Department of […]

Employment Law Tip: Bets Are Off for Online Gambling

Gambling exists, in one form or another, in most workplaces. And now that gambling can be done over the Internet, it has become even easier for employees to gamble while at work, accessing online casinos and placing bets, which can really cut into business productivity. To curtail online gambling, as well as other Internet abuses, […]

Employee Compensation: California Supreme Court OKs Bonus Deductions for Workers’ Comp Losses and Cash Shortages

In an important victory for employers that use bonus plans, the California Supreme Court has approved a retailer’s profit-based incentive plan that made deductions for a store’s workers’ compensation costs, cash and merchandise shortages, and other losses. In so ruling, the high court dismissed employee concerns that the plan violated various California wage and hour […]

Policy Tips for Religious Accommodation

The following are recommended provisions for creating a policy on religious accommodation: State that your organization recognizes that many employees have varying religious beliefs and practices and that all will be respected. State that the company does not allow religious solicitation or proselytizing of other employees, customers, or vendors on company premises or while an […]