Practical HR Tips, News & Advice. Updated Daily.
Travel pay can cause calculation headaches in the best of circumstances, but employers can open the door to trouble when the situation is compounded by incorrect classification of employees.
Travel pay can get expensive. Is there a way around it? Actually employers can get some relief: under both state and federal law, employers are allowed to pay a different rate for travel time than for regular work hours. In other words, employers are legally allowed to pay a different (lower) rate for overnight travel time than regular working time.
As you're probably well aware, California has very specific meal and rest period regulations. Here's a quick summary of the meal period requirements.
With penalties accruing and the potential for lawsuits, most California employers try to be extra careful to stay in compliance with the meal and rest period requirements under California law. But missteps can add up quickly, and lawsuits often mean high settlements. What can be done to try to avoid accidentally not providing employees with the meal and rest breaks they're entitled to?
Recent rulings by both the California and U.S. Supreme Courts have changed how employers need to approach so-called “mixed-motive” cases, where employers need to understand their potential liability in making hiring or firing decisions about employees who may be in position to bring legal action for employment discrimination.
In a mixed motive case, the evidence shows that employer has taken adverse action for a combination of both legitimate and unlawful reasons. When a plaintiff in a Title VII case proves that a protected category played a motivating part in an employment decision, the defendant/employer may avoid a finding of liability only by proving by a preponderance of evidence that it would have made the same decision even if it had not taken the plaintiff's protected characteristic into account.
How can a California employer administer their PTO policy and still stay in compliance with the requirements for exempt employees? Can the employer make deductions from pay for an exempt employee after all PTO time has been used?
In California, PTO is legally the same as vacation. An employee may use the time for any reason she or he likes, subject to notice and scheduling requirements. PTO, like vacation pay, also "vests" as it is earned/accrued over time and must be cashed out at termination.
Establishing and maintaining policies in an employee handbook or personnel policy manual consistent with current legislation and case law is an employer’s best defense when negotiating employment issues, says attorney Marc L. Jacuzzi. In today’s CED, Jacuzzi offers tips and recommendations for improving your employee handbook. He is a shareholder in law firm Simpson, Garrity, Innes & […]
Reference requests have come under scrutiny in recent years. This because negative references can be deemed an adverse employment action—and thus set the stage for a retaliation claim. On the other hand, even a good reference could be problematic. For example, if a good reference is given for an employee who was terminated due to […]