Marty Levy of Human Resources 4U comments on some of the most common problems that small and midsize employers have in managing their employees while at the same time staying in compliance with all of the California employment laws.
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“A two part horror story”
In early January I brought my laptop into Staples. I told them I thought I was having a resource issue and could they look into it. The person in their Easy Tech department took a look at my laptop and could clearly see it was not working properly ... Read
Effective 1/1/12, the CCRAA (Labor Code section 1024.5) limits when private and public sector employers, except for financial institutions, lawfully can use consumer credit reports in connection with hiring and personnel decisions. Specifically, employers are permitted to use consumer credit ... Read
When you find the person you want for a position, you should always make a ‘contingent offer of employment.’ Making a contingent offer of employment is a commitment to hire, subject to the candidate meeting the contingencies. Typically the offer is contingent upon successfully passing ... Read
All California employers with 20 or more employees must have a written Illness & Injury Prevention Program (IIPP) (sometimes referred to SB 198). If you have less than 20 employees and are not designated as a high hazard industry, there may be lesser requirements regarding a written ... Read
The Genetic Information Nondisclosure Act (GINA) makes it unlawful to refuse to hire, discharge, or otherwise discriminate against or harass an employee because of genetic information, bars employers from acquiring genetic information except in certain narrow circumstances, and ... Read
Do you have nonexempt employees that are on-call? Are you paying them for their on-call time? Should you be paying them for their on-call time? This is a complex and confusing area of wage and hour law.
The basic standard for determining compensability for on-call time has to do with the control ... Read
Many California employers are confused about the â??inside salesâ? exemption. If an employee can qualify for this exemption, it means they are not eligible for overtime compensation. However, this exemption is only available to employers in limited circumstances. An â??inside sales ... Read
When is an employee with an alcohol or drug problem protected under the Americans with Disabilities Act?Â The 7th Circuit Court of Appeals recently addressed this issue. A police chief rear-ended a car on his way home after he had consumed at least four glasses of wine. His blood alcohol level ... Read
Californiaâ??s labor department has issued updated guidelines on whether internships should be paid or unpaid, with the new rules giving employers slightly more latitude not to pay them.
Many wage and hour regulators maintain that interns must be paid if their work is of â??immediate ... Read