The recent (and not too recent) flurry of attention that has been given to the issue regarding whether 
employers can ask applicants and employees for their Facebook passwords is a good review of what is appropriate conduct for employers, but it is also a good reminder to employees that what they do online is of
Everyone Needs To Calm Down About Social Media And The Law
I would love to be able to tell my clients that the Internet and social media has created a very complex set of legal issues that requires them to hire me in order to help develop all new handbook policies, change the way they conduct background checks on applicants, and monitor their employees. However, unfortunately
Statistical Analysis of Labor Commissioner Rulings Shows Inconsistencies
When faced with a hearing before the California Labor Commissi
oner in a Berman hearing, employers and employees alike expect to get a fair, consistent hearing to settle wage disputes. However, as Brian Sumers of the Daily Journal points out this is not always the case. His article (subscription required) provides an analysis of the
Employers Requiring Employees To Provide Facebook Passwords
There are 
more reports of employers requiring applicants and employees to provide their passwords to their Facebook pages so that the employers can get a more accurate view of the employee’s character. I wrote about this issue a couple of years ago regarding the City of Bozeman requiring passwords from applicants. Apart from being
The Enforceability of Class Action Waivers In The Employment Context
The National Labor Relations Board (NLRB) recently held in D.R. Horton, 357 NLRB No. 184, that a class action waiver in an arbitration agreement was unenforceable as it violates employees’ rights under the National Labor Relations Act (NLRA). Specifically, it held that employees have “the right ‘to engage in…concerted activities for the purpose
Things You Wanted To Know About Arbitration Agreements In California, But Were Afraid To Ask
What is an arbitration agreement?
Employers can agree that they and any employees who enter into an arbitration agreement will resolve their differences before a private arbitrator instead of civil court. There are many different arbitration companies to choose from, but the American Arbitration Association and JAMS are two of the larger ones that
Stephen Colbert Provides Reminder That Family Medical Leave Is Not A Laughing Matter
It may come as a surprise, but Stephen Colbert is human, and like the rest of us,
has a mother. He has taken a leave of absence from his show to apparently spend time with his ailing mother. An article I read recently notes how Colbert’s leave could trigger family medical leave. I thought the
New Law Effective 2012 Restricts Employers Ability To Conduct Employee Credit Checks
California’s new labor code provision severely restricts an employer’s ability to conduct credit checks on employees. Labor Code 1024.5, which took effect on January 1, 2012, only allows employers to conduct credit checks for employees who meet one of the following categories:
-
A managerial position.
-
A position in the state Department of Justice.
-
That
2012 Wage and Reimbursement Rates For California Employers
|
|
2012 Requirement |
Source |
|
California Minimum Wage
|
$8.00 per hour (unchanged from previous years) |
|
|
San Francisco Minimum Wage
|
$10.24 per hour |
|
|
Computer Professional Exempt Salary Rate
|
$38.89 or annual salary of not less than $81,026.25 for |
Template To Comply With Wage Theft Protection Act of 2011 Notice Requirement To All Hires Beginning in 2012 Published By Labor Commissioner
Today the Division of Labor Standards Enforcement (“DLSE”) published a template that employers can use in order to comply with the new notice requirements set forth in Labor Code section 2810.5. A Word version can be downloaded here and a PDF version can be downloaded here.
All California employers are required to provide a