Tag: california hr

NLRB guidance on confidentiality in workplace investigations

Conducting a workplace investigation usually involves confidentially interviewing witnesses and other parties involved in the situation at hand. But what if asking employees to keep the information confidential was actually violating those same employees’ rights? This is what the National Labor Relations Board (NLRB) has implied in recent cases. What should HR do?

Exceptions to meal period requirements in California

In California, meal periods for employees must be at least 30 minutes by law, and the employee must be fully relieved of all work during that meal period. The meal period may be unpaid, and it has to be taken within the first 5 hours of the shift. These requirements apply for any workday in […]

California employee misses rest break or meal period: What happens?

What are the consequences for a California employer if an employee misses meal periods or rest breaks? The primary consequence is that premium pay is now due. Premium pay is assessed at one hour of regular wages for each day in which there is a violation. In addition to the premium pay penalty, there are […]

EEO-1: Are You Ready To Report?

Each year, employers are required to report the demographics of their workforce to the Joint Reporting Commission of the Office of Federal Contract Compliance Programs (OFCCP) and the Equal Employment Opportunity Commission (EEOC).

Pros and cons of arbitration clauses in California employment contracts

Employment contracts in California have historically included arbitration clauses seeking to limit employer risks and increase the likelihood of winning should a claim be raised. “With respect to the arbitration agreements, the arbitration contract – if successfully enforced – will channel the legal proceeding into a form that is traditionally more favorable as a venue […]

Is Your Employee Handbook a Legal Time Bomb?

Hunter Lott is an HR practitioner dedicated to the “rights of management.” His handbook remarks below came during his “Please Sue Me” session at a recent Society for Human Resource Management Conference and Exposition.

Are noncompete agreements enforceable in California?

In the vast majority of states, noncompete agreements are generally enforceable as long as they’re reasonable in terms of having a genuine business need, an appropriate geographic scope and an appropriate time duration. However, California law differs significantly from most states in this regard.

What must a BYOD policy do?

Bring your own device (BYOD) policies are starting to gain some traction in the workforce as more and more employees are requesting the ability to use personal devices for work rather than take on yet another device to manage. Employers recognize the benefits (such as employee satisfaction and decreased upfront costs of electronics for the […]

Final pay obligations in California: Payment timing and penalties

Final pay laws are strict in some states, and the penalties add up very quickly for employers who do not pay in time. With the clock ticking to deliver that final paycheck, it’s crucial for employers to understand their obligations so they can stay in compliance. The best way to avoid costly errors is to […]