Many California companies have recently been sued and had an assessment issued against them by the California Employment Development Department (“EDD”) for unpaid payroll taxes because the company allegedly misclassified its California workers as independent contractors rather than employees.
If a company improperly classifies a worker as an independent contractor, it may face liability from
Today, February 2, 2009, employers were supposed to transition to start using a new I-9 Form. However, Friday, U.S. Citizenship and Immigration Services department made the following announcement:
USCIS Delays Rule Changing List of Documents Acceptable to Verify Employment Eligibility Reopens Public Comment Period for 30 days
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced
Title VII prohibits employers from retaliating against employees who report workplace race or gender discrimination. The issue examined by the US Supreme Court in Crawford v. Metro Government of Nashville, was whether this protection extends to an employee who speaks out about discrimination not on her own initiative, but in answering questions during an
Yes, the Government Code specifically addresses employees’ right to wear pants to work in California.
Section 12947.5 states:
(a) It shall be an unlawful employment practice for an employer to refuse to permit an employee to wear pants on account of the sex of the employee.
(b) Nothing in this section shall prohibit an employer
This graph is courtesy of Seth Godin. Generous and calm are good business practices to abide by everyday, but I think employers need to especially remind themselves of this practice during these times.
I would also like add another quality in the upper right hand corner – less litigation. Angry and selfish employers leave
No – this is not an article about what type of policies you should have in place for your holiday party (a favorite topic for articles by employment lawyers during this time of year). However, as I have shifted all of my holiday shopping to Internet-based retails, the ManPower Blawg points out that many company
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:
Just to brag a bit, the slide show was featured on Slideshare’s home page for