Best Practices For California Employers

While severance is not required under the law, many employers who are terminating or laying employees off voluntarily offer severance to employees. Usually, the severance is tied to a release of claims that the employee may have against the employer.

I am often asked about the amounts appropriate amounts of severance. The Connecticut Employment Law

The Ohio Employer’s Law Blog notes that businesses are using very clever advertisements to fight the passage of the Employee Free Choice Act: 

https://youtube.com/watch?v=Tu4oj_2E1jE%26color1%3D0xb1b1b1%26color2%3D0xcfcfcf%26hl%3Den%26feature%3Dplayer_embedded%26fs%3D1

The ad was created by UnionFacts.com, a non-profit union watchdog group. The Ohio Employer’s Law Blog (written by Jon Hyman) has a series of posts I highly recommend that explains

Perhaps one of the most misunderstood and improperly applied issues in California is how to treat commissioned sales people. Here are some of the most common mistakes I’ve encountered that can create substantial liability for employers.

Mistake: Treating all commissioned sales people as exempt employees (i.e. paying them a straight salary). 

Usually there are two exemptions

Below is my Slideshare.net slide show on my previous post about the top 10 stupidest ideas California employers could have:

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.

In Edwards v. Arthur Andersen LLP (link to PDF), the California Supreme Court ruled on the following issues: (1) To what extent does Business and Professions Code section 16600 prohibit employee noncompetition agreements; and (2) is a contract provision requiring an employee to release “any and all” claims unlawful because it encompasses nonwaivable statutory protections