Tag: California Labor Code
Employment Law Tip: Beware the Dangers of Lie Detectors
Lie detector or polygraph tests can provide employers with a tool to test the honesty of a prospective or current employee. But watch out, because the tests can do you more harm than good and invite lawsuits. Under California law, it’s illegal for private-sector employers to demand or require employees or applicants to submit to […]
Employee Breaks: Meal Period Proposal Lapses—and Lawsuit Risk Continues
Is Meal Period Remedy a Penalty or Wages?
Under the California Labor Code, an employer that fails to provide employees with a required meal or rest period must pay the employee an extra hour’s pay. But a controversy is brewing over whether this remedy is a penalty or just wages. Why does it matter? To recover a penalty, an employee must file a […]
Training: Can We Recoup Training Costs From Departing Employees?
One of our employees just quit-two weeks after finishing an expensive monthlong training program that we paid for. We also paid her salary while she was in training. Can we somehow force this ex-employee to reimburse us? Is there some way to set up a policy or contract with new trainees that protects us from […]
Wells Fargo Settles Check-Cashing Fee Suit
Wells Fargo & Co. bank has settled a lawsuit that challenged the $5 fee charged by the bank for non-accountholders who cashed payroll checks drawn on a Wells Fargo account. The lawsuit, filed on behalf of California employers, claimed that the fee put businesses in jeopardy of violating a California Labor Code provision requiring employers […]
Wage and Hour: Governor Signs Bill Increasing Labor Code Violation Penalties
Gov. Davis has signed new legislation that boosts the penalties for various California Labor Code violations, effective Jan. 1, 2004. Here are the increases that are on the way:
Retaliation: Court Upholds $2.3 Million Verdict for Employee Who Claimed He Was Fired Over Safety Complaints; Tips for Avoiding Problems
You probably know it’s illegal to retaliate against a worker who complains in good faith about an unsafe work condition. But in practice, retaliation problems are not always so clear-cut, and they can sneak up on you. They often arise when an employee with a history of complaining starts griping about something you feel is […]
News Notes: Disney Shells Out $20 Million To Whistleblower
Former Walt Disney Co. executive Judy Denenholz, who worked for the company almost 20 years, charged she was fired for refusing to sign off on Disney’s response to an IRS audit. Denenholz claimed that the response significantly understated the company’s back-tax liability. She sued Disney under a California Labor Code provision that prohibits retaliation against […]
Wrongful Termination: Employee Fired For Discussing Bonuses Gets Green Light To Sue; Why You Can’t Forbid Workers From Talking About Their Pay
Salary discussions in the workplace can lead employees to question why they don’t earn as much as their co-workers. This is especially a concern when bonus talk takes place. To avoid these issues, many employers attempt to limit conversations among co-workers about pay. But such restrictions can leave you at risk of a lawsuit, as […]