Practical HR Tips, News & Advice. Updated Daily.
Exempt employees in California must meet specific requirements. First, they must be paid on a salary basis, and the pay must be at least twice the California minimum wage. In addition to meeting the salary requirements, each type of exemption has its own job duty requirements that must be met for an employee to qualify. […]
Dealing with depression and other mental disabilities in the workplace can be challenging. This is especially true if an employer also has to combat negative attitudes towards the affected employees that hinder compliance with the law. California employers need to be aware of assumptions and attitudes about emotional or mental disabilities that can lead to […]
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?
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 […]
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 […]
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 […]
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.
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 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 […]
Making deductions from the final paycheck can open an employer up to legal problems—including accusations of withholding final pay if the deduction was improper. If an employer is deemed to have withheld final pay, it could be subject to waiting time penalties.