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California

San Francisco mandates commuter benefits for employees

10/20/2008

San Francisco Mayor Gavin Newsom recently signed an ordinance that will require employers to offer workers at least one of three commuter-benefit options: a pretax election to offset commuting costs, an employer-paid benefit or employer-provided transit.

Schwarzenegger vetoes card-check union voting for farm workers

10/20/2008

Gov. Arnold Schwarzenegger has vetoed a bill that would have allowed California farm workers to seek union representation using a card-check system that was opposed by the farming industry. Although the California Assembly and Senate passed the legislation after a summer of wrangling over details, Schwarzenegger spiked the bill …

Confidentiality provision may violate federal labor law

10/20/2008

A temporary employment agency violated federal labor law by including a confidentiality provision in an employment contract, according to a recent NLRB ruling (Northeastern Land Services, Ltd. dba The NLS Group and Jamison John Dupuy, 352 NLRB No. 89, 2008). In the case, the agency fired a worker for violating the confidentiality provision …

Must we pay for tryout time?

10/20/2008

Q. I recently heard the phrase “tryout time” and wondered what this phrase meant and how it may be applicable to my workplace …

What do we do now that our employees have voted for an alternative workweek?

10/20/2008

Q. Our employees recently voted to establish a 4-10 workweek—four workdays a week, 10 hours per day. Are we required to submit the election results to the state? …

What are the rules for handling ‘seventh day’ overtime pay?

10/20/2008

Q. One of my employees worked four 10-hour days this week. His last day of work fell on Sunday, the seventh day of our workweek. We do not currently have an alternative work schedule arrangement. Do we have any overtime obligations to this employee? …

Holiday parties: Don’t let best of times become worst of times

10/07/2008

By exerting proper control over your holiday party this year, you can reduce everyone’s worries concerning the annual fete. Most important, careful planning will help your company avoid lawsuits as you ring in the New Year.

Calif. Supreme Court upholds strict limits on noncompetes

09/19/2008

If California employers were looking to the state Supreme Court to loosen restrictions on the scope of noncompete agreements, they will be disappointed. The court just concluded that agreements restricting the ability to practice one’s profession are generally invalid …

Take fast action to investigate apparent rogue supervisor

09/19/2008

There’s no substitute for boots on the ground when it comes to protecting employees from supervisors with hidden discriminatory agendas. If you ignore the warning signs of supervisor bias and leave the “bad boss” in place, it’s probably just a matter of time before you find yourself responding to a lawsuit …

If process was fair, don’t second-guess your hiring decision

09/19/2008

Hiring decisions are tough, especially when you add the worry over whether rejected applicants may think you discriminated against them. But as long as you don’t actively conceal critical facts about whom you hired, rejected applicants have to move fast to sue …