Tag: California Employer Advisor

Wage and Hour: California Supreme Court Limits Use of Class Action Waivers

Although employers have received some welcome rulings from the California Supreme Court over the past few weeks, a new decision from the high court squelches a tool some employers had used to prevent class action lawsuits in the wage and hour context. In particular, the court ruled that class arbitration waivers in employment arbitration agreements […]

Wage and Hour: Court Weighs in on Employers’ Meal Period Obligations

In California, employers must provide meal periods to employees at certain intervals. But must employers ensure that employees actually take their meal periods, or is it sufficient to offer the meal break time and leave it up to the employee to decide whether to take it? Unfortunately, there hasn’t been much guidance on these questions […]

Health Plans: HIPAA Nondiscrimination Rules to Take Effect

On July 1, 2007, new rules take effect regarding group health plan compliance with the nondiscrimination provisions of the Health Insurance Portability and Accountability Act (HIPAA) and wellness programs in particular. The rules are effective on the first day of the plan year beginning on or after July 1, 2007. For calendar year plans, the […]

Workplace Bias: EEOC Spotlights Work/Family Balance in New Guidance

Responding to the emerging issue of “family responsibility discrimination,” the U.S. Equal Employment Opportunity Commission (EEOC) has published new guidance on how federal equal employment laws apply to employees who must balance work and family. The new guidance, “Unlawful Disparate Treatment of Workers with Caregiving Responsibilities,” offers examples under which discrimination against a working parent […]

High Court Enforces Time Limits on Pay Bias Claims

Some good news for employers: The U.S. Supreme Court yesterday ruled 5-4 that employees who complain of pay discrimination must file a claim with the Equal Employment Opportunity Commission (EEOC) within 180 days of the discriminatory pay decision, rather than within 180 days of the employee’s last paycheck. According to the high court, the “EEOC […]

Wage and Hour: Important Meal Period Ruling from California Supreme Court

The California Supreme Court has handed down an important new decision, answering a wage and hour question that recently has plagued the state’s appeals courts: Is the required payment of “one additional hour of pay at the employee’s regular rate of compensation” for each day that an employer fails to provide mandatory meal or rest […]

Sick Leave: SF Approves Transition Period for Paid Sick Leave

We reported last week that the San Francisco Board of Supervisors was considering an ordinance that would give employers an additional transition period before San Francisco’s controversial paid sick leave law, Chapter 12W, takes full effect. The paid sick leave law was approved by voters and took effect on Feb. 5, 2007.

New Avian Flu Planning Guidance from OSHA

The U.S. Occupational Safety and Health Administration (OSHA) has released comprehensive new guidance for employers on how to prepare for an avian flu outbreak. The new guidance, which OSHA developed in conjunction with the Department of Health and Human Services, provides guidance for all types of workplaces, describes the differences between seasonal, avian, and pandemic […]

Privacy: California Supreme Court to Review Workplace Privacy Ruling

In the December 2006 issue of the California Employer Advisor, we reported on a new ruling in which a California appeals court ruled that placing a video surveillance camera in an employees’ office, without notice, could amount to an invasion of privacy. This was true even though no actual viewing or recording of the employees […]