Practical HR Tips, News & Advice. Updated Daily.
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 […]
Creating a drug testing policy in California is often considered to be critical in ensuring employee safety. However, must comply with both state and federal laws when putting the policy together. How can you establish an effective program that doesn’t cause potential legal headaches down the road?
Travel time pay represents a significant risk for wage and hour claims in California. The reason is two-fold: first, California laws differ from federal laws. Second, travel is an integral part of most everyone's work day.
Exempt employees in California are those who are not subject to overtime pay for hours worked in excess of 8 in a day or 40 in a week. Since these employees are not being paid overtime, it may be tempting to classify as many employees “exempt” as possible, but they must meet strict requirements to […]
“Drug testing of private sector employees and applicants in California implicates the right of privacy set forth in Article 1, Section 1 of the California Constitution.” Marc Jacuzzi told us in a recent CER webinar. “That is where individual employee rights lie for private employers.” But what about safety concerns? Do they trump privacy concerns?
How should a California employer handle an exempt employee who works a partial day? What about exempt employees who do not meet the salary requirements for their exemption? The details around nonexempt versus exempt employees in California can be complex, and getting them wrong can be costly. In a recent CER webinar, Marc L. Jacuzzi […]