Update on Brinker v. Superior Court and other California Wage and Hour Issues
I recently conducted a webinar on new developments involving meal and rest breaks, expense reimbursement, paid time off pitfalls, and other wage and hour issues California employers should be aware of. It is approximately 30 minutes. Click here to download, or click here to listen via iTunes.
Top Ten Stupidest Things California Employers Could Say
Your company may be in trouble if you (or the president/owner you work for) have had one of the following thoughts:
1. My company is too small to be sued in a wage and hour class action.
2. I’m too busy to think about employment law issues – I’ll get to it next week.
3. I cannot afford an attorney to review my policies and give me some advice on what policies I should have. (Hint – you are probably talking to the wrong lawyers if you cannot get some quick answers without having to pay each time you pick up the phone to call your lawyer.)
4. I don’t need a meal and rest break policy – my employees know they can take a break whenever they want.
5. My current handbook is fine, [insert one of the following]:
a. I found it on the Internet.
b. the previous company I worked for used it.
c. I had my lawyer review it when I founded the company in the 1980’s.
d. my friend who owns a business in the same industry gave me a copy of her handbook.
6. My payroll company [insert one of the following]:
a. Watches out for my company.
b. Knows California’s wage and hour laws.
c. Calculates and pays proper overtime for my employees.
7. All of my employees are exempt employees – I find its simpler than having to figure out overtime and track employee’s hours each week.
8. What? California employers with more than 50 employees are required to send their supervisors to sexual harassment training?
9. Vacation pay policies, timing of final pay checks, and the information on the employee’s itemized wage statements are very trivial and any violations cannot create that much liability for the company.
10. I protect my company by having employees sign a statement each pay period stating that they have been paid all of their wages in full – therefore extinguishing any potential liability.
Employers Must Market To Fill Jobs
Seth Godin points out the 90/10 rule for marketing a job. He notes that if employers do what every other employer is doing to fill a job, they will only hire sub-par employees.
Most hiring managers don't understand organizations that go to extraordinary lengths to find and retain amazing people. And from their point of view, they're completely correct. Pay market wage, run a classified, process the resumes. Done.
It only takes 10% as much effort to hire someone in the bottom 90% of the class.
And it takes the other 90% to find and cajole and retain the top 10%.
Most hiring, especially in a down market, is handled as a mostly bureaucratic task. Find people who fit in, do a rudimentary background check to eliminate problems, try not to break any hiring laws...
I've noticed (from prior working experience) that employers who simply fill positions, get a low return on their investment. Employers need to actively (and continually) be on the lookout for good talent, and when found, must actively go after that individual. No doubt this takes a lot of time and effort.
I also have found that good employees are the ones that don't require their employer's time - they work quietly and efficiently, never have to be remined about their role, and continually meet or exceed expectations. This is the problem - the good employees are not on their supervisor's minds, but the problem employees always are. The good employees are overlooked. The managers spends 90% of their time trying to deal with sub-par performers, while the productive employees move to a company that truely recognizes thier worth.
