Blog

Apr 16 12

The Brinker Decision

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Finally some good news for employers! The California Supreme Court just ruled on the Brinker case, and overall, it is very favorable to employers regarding both meal and rest periods. For meal periods, the court concluded “… an employer’s obligation is to relieve its employee ...

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Feb 2 12

Staples Easy Tech: poor service and worse customer service!

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“A two part horror story” Part One 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 ...

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Oct 28 11

The new Consumer Credit Reporting Agencies Act (CCRAA)

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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 ...

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Jun 6 11

Contingent Job Offers

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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 ...

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Apr 25 11

Cal-OSHA: Requirements & Risks

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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 ...

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Jan 27 11

Genetic Information Nondiscrimination Act

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GINA Overview: 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 ...

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Dec 23 10

On-call Pay for Nonexempt Employees

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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 ...

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Nov 24 10

The Inside Sales Exemption

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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 ...

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Aug 22 10

Drugs, Alcohol and the ADA

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When is an employee with an alcohol or drug problem protected under the Americans with Disabilities Act?  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 ...

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Jul 12 10

UNPAID INTERNS IN CALIFORNIA

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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 ...

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