California law generally holds that an employer may not pass the ordinary costs of doing business on to employees. However, this general rule has a multitude of nuances once one examines all the different costs that arise in the employment context and the various Labor Code and Wage Order provisions that apply. This article addresses
Expense Reimbursement
Mileage reimbursement considerations under California law
Expense reimbursement may seem like a small issue in comparison with the other areas of liability facing California employers, but the exposure for not appropriately reimbursing employees can be substantial. In Gattuso v. Harte-Hanks Shoppers, Inc., the California Supreme Court clarified the parameters of mileage reimbursement under California law, as well as the three…
Wage and hour audit considerations for California employers in 2019
With the start of 2019, I’m writing a series of posts covering employment law areas that employers should audit on a routine basis. The first two articles covered hiring practices and records retention practices. This post covers five wage and hour considerations that every California employer should review on a routine basis:
1. Payroll…
Five employment law developments employers need to heed at the start of 2019
The beginning of 2019 brought substantial employment case settlements and verdicts. This Friday’s Five reviews the settlements and verdicts that should catch the attention of all employers, as well as a review of the U.S. Supreme Court’s new ruling on arbitration agreements for transportation workers:
1. Restaurant settles claim with Labor Commissioner for $4 million…
Issue spotting for California employers
California employers need to routinely need to review their policies and practices to make sure they are complying with intricacies that may arise in their work place. In law school, attorneys-to-be are taught to “issue spot,” and the unfortunate litigation landscape that faces California employers, business owners and their supervisors must also “issue spot” and…
Five huge misconceptions about California employment law
This week’s Friday’s Five covers five huge misconceptions about California employment law that can land employers into huge legal trouble:
1. Meal and rest breaks seem so trivial.
The topic may seem trivial for companies that have not faced this litigation before, or for out of state employers who wrongly believe California cannot be much…
Mileage reimbursement issues under California law
Expense reimbursement may seem like a small issue in comparison with the other areas of liability facing California employers, but the exposure for not appropriately reimbursing employees can be substantial. In Gattuso v. Harte-Hanks Shoppers, Inc., the California Supreme Court clarified the parameters of mileage reimbursement under California law, as well as the three…
Employment practices audit: five areas to review
Happy Friday! This Friday’s Five covers five areas that employers can start with in conducting an employment practices audit. Coming up on the mid-point of the year, it is a good time to conduct an employment law practices audit to ensure that policies are compliant, managers are properly trained, and the company is maintaining the…
Friday’s Five? The eleven factor test to determine if training time is compensable under California law
Employers that utilize interns, or who provide training to individuals that may lead to employment run the risk of having these individuals qualify as an employee, which would require the employer to comply with Labor Code requirements such as minimum wage, meal and rest breaks, and overtime pay. The analysis is very difficult, and fact…
Friday’s Five: Five new California employment laws taking effect on January 1, 2016
I can hear the questions already, just five new laws taking effect on January 1, 2016? No, there are many more, as I have previously written about, but here are five additional new laws employers need to understand going into 2016.
1. Family members of whistleblower are granted protections and some employers are excluded…