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California

California leads nation on Fortune ‘best companies’ list

03/19/2010
Sixteen of the firms on Fortune magazine’s “100 Best Companies to Work For” list are headquartered in California, the most in the nation. Texas came in second on the Fortune list, with 13 companies.

Pay the minimum or more? Broad tip pools OK

03/19/2010
The FLSA has complicated rules for employers that pay less than the minimum wage to staff who receive tips. If tips aren’t large enough, then the employer has to top off the wages so the employee makes at least minimum wage. But what happens if the employer pays the customarily tipped employee minimum wage or more right from the start? That’s the question the 9th Circuit Court of Appeals recently answered for the first time.

Call lawyer if disloyal employee causes losses

03/19/2010
High-ranking and well-paid employees occasionally think about jumping ship and starting competing companies. And sometimes they try to poach business as they prepare to launch their own enterprises. An employer may never know until it’s too late that a presumably loyal employee was working against its best interests. If that happens to you, consult an attorney right away! In many cases, the former employee may be liable for any losses his predatory behavior caused.

Your 10-point checklist for ensuring an NLRA-compliant handbook

03/16/2010
There are many good reasons to regularly review your employee handbook. But here’s another good reason to review and update your policies: A poorly written or overly broad handbook could result in unfair labor practices charges from the National Labor Relations Board. That’s true even if your workforce isn’t unionized.

Casual promotion process? Track it anyway

02/22/2010

If you have gone without a formal system for promoting from within—no posting open positions or a casual application process—just because you’re a small employer, watch out! You must still make sure you track the decision-making that goes into each promotion. If a disappointed employee sues, you must be able to explain why some employees were promoted over others.

Juvenile behavior isn’t always harassment

02/22/2010

Teen employees are sometimes clueless about what’s appropriate at work. From time to time, their behavior may seem … well … juvenile. Feel free to counsel youthful employees when things need to be brought back into control. And don’t worry. Kids acting their age doesn’t automatically mean you’re liable for sexual harassment.

SoCal grocery chain fined for teen labor hazards

02/22/2010

The Superior Super Warehouse chain of grocery stores must pay $79,200 in penalties for allowing teenage employees to operate dangerous equipment. The U.S. Department of Labor cited the chain for violations of the Fair Labor Standard Act’s child labor provisions at 33 stores in Southern California.

Challenge huge attorneys’ fees: Courts now have discretion to limit awards in some cases

02/22/2010

One of the biggest shocks employers get when an employee or former employee wins a lawsuit against them is the attorneys’ fee award. Employers typically have to pay the employee’s legal fees and expenses when the employee wins even a modest victory. Those fees can be far greater than the actual lost wages and other damages. Fortunately, the California Supreme Court has stepped in, recently concluding that trial judges have wide discretion to reduce jury awards when the employee’s damages are small but the legal expenses are large in comparison.

Document accommodations process–especially if it breaks down over worker’s suggestion

02/22/2010

Disabled employees are entitled to reasonable accommodations of their disabilities under California’s Fair Employment and Housing Act (FEHA). That includes the obligation to engage in an interactive process to determine what, if any, accommodation is possible. If the process breaks down, employers that acted in good faith won’t be held responsible.

Employees must be free to do as they wish during rest periods, meal breaks

02/22/2010

Under California’s wage-and-hour laws, employees must be completely relieved of their duties during rest periods and meal breaks. Employers can’t count downtime during work hours as rest and meal time.