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When dealing with California final pay laws, the details are where it gets tricky. For example, if an employee resigns with two weeks’ notice, normally you would have until the employee’s last day to provide the final paycheck—but what if you want to ask the employee to not work the notice period? When is the […]
Yesterday, we reported on the ongoing saga of San Diego mayor Bob Filner, who is facing sexual harassment allegations from more than 10 different women. What does this mean for his employer, the City of San Diego?
As you’ve surely heard, San Diego mayor Bob Filner is currently embroiled in a scandal involving lascivious sexual harassment allegations made by more than 10 different women.
Social media use is prevalent for potential employees, so why shouldn’t it be prevalent for background checks? Most employers think it should—the use of social media in background checks has grown steadily in recent years. But what are the risks?
Employee discipline in California – even including termination – is possible, but employers will be well-served to cross their t’s and dot their i’s in the process. Having documentation of all aspects of the disciplinary process is vital.
Final pay in California has very strict requirements. It's not as simple as just paying the departing employee on their next scheduled pay date, and there are penalties for getting it wrong. Employers in California need to understand the final pay requirements and understand their obligations, regardless of whether the employee resigns or is terminated. Have a plan in place to get it right to reduce the chance of penalties or lawsuits.
Segal is a partner at Duane Morris LLP. He recently listed the mistakes employers most commonly make in investigating discrimination or harassment complaints in a BLR publication, the HR Manager’s Legal Reporter (BLR is CER’s parent company).
Severance pay in California is not legally mandated, but many employers opt to use it for other reasons. One of the main reasons to utilize severance pay (also called a separation payment) is to get the employee to sign a release of claims against the organization. Here are some general points to understand if utilizing severance pay in California:
Overtime pay obligations under the FLSA can get hairy when non-discretionary bonuses or other incentives are brought into the picture. The main issue at hand is that employers must review non-exempt overtime costs for the incentive award period if the award is non-discretionary.
Most California employers do not expect to have to pay employees for commuting time. However, there are some important exceptions to this rule. Some of these are fairly straightforward, such as commuting time when the employee is called back in for an emergency. Others are less clear, such as when an employee is driving a […]