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California

New California rules for commission compensation contracts

01/22/2013
A new law for 2013 requires Califor­nia employers that pay regular commissions to provide employees with a written contract detailing the formula for calculating commissions, as well as the method of payment.

New pregnancy protections ring in the New Year in California

01/22/2013

California employees now enjoy ex­panded pregnancy rights after new Fair Employment and Housing Commission regulations took effect Dec. 30, 2012. The regulations bar employers from discriminating against employees for virtually any pregnancy-related condition.

Employee acts as own lawyer? Consider cutting your losses

01/22/2013
Judges tend to bend over backward to help so-called pro se litigants—individuals who decide to represent themselves in court. Sometimes, an employer’s best bet is to settle for a small amount—or urge the former employee to find an attorney.

Temp’s contract expired? He can still sue you

01/22/2013
Temporary workers can still sue even if they no longer work for you because their contracts expired and weren’t renewed.

New California rules protect employees’ right to wear religious garb

01/22/2013
The start of the New Year saw the enactment of several new California employment laws, including one that requires accommodation of employees’ religious dress and grooming needs.

Ensure automatic firing policy is understood

01/22/2013
Treating a disabled employee even a little differently than others can spell big trouble. That even applies to seemingly minor differences such as telling one employee in advance about an automatic termination po­­licy, but not informing a disabled employee about the rule.

Document why you require bilingual skills

01/22/2013
Many organizations serve customers who speak a language other than English, and require em­ployees to have specific bilingual skills. If that describes your organization, make sure you can defend the language requirement if you’re sued.

Punch in, punch out: State appeals court allows time clock rounding

01/03/2013
If you use a time clock, you probably also use a rounding method so employees who clock in a little early or clock out slightly late are only paid for their scheduled time. The presumption is that over time, employees will clock in both early and late. Fortunately, a recent California appeals court decision sanctions this common-sense practice.

$1M settlement in San Francisco bank’s FLSA case

01/03/2013
San Francisco-based First Republic Bank will pay $1,009,644 in overtime back wages to 392 employees in California, Connecticut, Massachusetts, New York and Oregon. A DOL investigation revealed the bank incorrectly classified workers as exempt from the FLSA.

Cluelessness at WirelessCom costs big settlement

01/03/2013
WirelessCom, a small San Jose re­­seller of phone services, will pay $97,000 to settle a sexual harassment complaint filed by a then-19-year-old employee.