The new law affecting every employer in California is
the Wage Theft Protection Act of 2011. It takes effect on January 1, 2012 and adds additional notice and record keeping requirements that employers must comply with. The new law added Labor Code section 2810.5, which requires private employers to provide all new employees with
Employee Handbooks
Employees Forfeit $34.3 Billion In Unused Vacation Time – Except In California
All too common is the assumption that because a company’s policies comply with Federal law, and perhaps other states’ laws, the policy should be fine under California law. This wrong assumption is clearly illustrated by a recent study by Expedia that estimates employees forfeit $34.3 billion in unused vacation time across the U.S. From what…
Webinar: New Laws Facing California Employers In 2012
Governor Brown signed a number of new employment laws that take effect in January 2012. During this webinar, we will cover the new obligations facing employers under these recently enacted employment laws as well as the proper steps employers should take to comply with them. The discussion will also cover the recent oral argument…
World’s Best Policy To Minimize Employment Litigation
It is not often that the California Employment Law Report can opine outside of the boundaries of the state of California, but I am going out on a limb on this one. I came across what I would recommend to every employer as a way to reduce litigation. In the book, End Malaria, a…
Is The Jury Still Out On Social Media Background Checks?
Mat Honan at Gizmodo wrote recently about a new company that helps employers search applicant’s “internet background” to assist in the hiring process. As Mat rightly points out, much of the concern over this “new technology” is overblown, and as he puts it, "[e]mployers would have to be stupid not to Google job candidates." …
UFC’s Social Networking Policy – Something All Employers Should Consider
I like the UFC’s approach to social media, but is this a model a lot of employers could use in their workplace? Absolutely. Unless you find yourself with the few who are still wondering what Twitter is, it is obvious that social networking is here to stay and companies need to figure out a way…
Reader Question – Workplace Relationships
Q: Is it “Illegal” to work with a relative as your co-worker or supervisor, or is it left up to the facility/business to make rules regarding how/who they hire as their employees?
There is nothing in California law that prohibits family members from working together. However, many companies institute non-fraternization or anti-nepotism policies as a…
Does the California Labor Code Apply to Summer Interns?
With the summer shortly upon us, employers will no doubt be faced with students looking for internship opportunities. Employers need to be very careful in characterizing students as interns, and not paying them minimum wage and following California’s other numerous Labor Code provisions that protect employees.
In April 2010, the Department of Labor Standards…
What Labor Code requirements can employees waive?
It may come as a surprise to many employers that employees cannot waive, or enter into contracts
contrary to many of California’s Labor Code requirements. The rationale for this is pretty basic: if employees could waive the rights given to them under the Labor Code, every employer would simply require the employee to waive the…
HR professionals note to employment lawyers: stop working off of fear
The HR blog Fistfull of Talent raises a concern I think a lot of HR professionals feel. See article “Hey Employment Law ‘Experts’, You’re Killing My Profession.” Kris Dunn expresses the all too common sentiment that employment lawyers are not advising their clients – but are rather scaring them into inaction. Kris uses the example…
