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California

Do your employees know what’s in arbitration pacts?

03/22/2018
Do you use an arbitration agreement to limit exposure to expensive and time-consuming employment litigation? If so, be aware that how you present that agreement to the employee and the employee’s language fluency may affect the viability of the contract.

Must we pay for travel time between home and airport and between airport and hotel?

02/21/2018

Q. Is an employer required to pay an employee for time spent traveling from home to the airport (and vice versa, from airport to home on the return trip), and for travel time from the airport to a hotel (and vice versa)?

How should we pay nonexempt employees when they are traveling on business?

02/21/2018

Q. Our sales team travels around the country for client pitches and various project meetings. Some members of the sales team are nonexempt. While flying, some staff perform work on their computers, while others relax or listen to music. Are we required to pay employees for travel time even if the employees are not working?

DOL re-issues previously withdrawn wage-and-hour opinion letters

02/21/2018

The U.S. Department of Labor has reissued 17 previously withdrawn opinion letters concerning the Fair Labor Standards Act. Most were written during the George W. Bush administration.

Facing DOL wage charges, SoCal health care firm settles

02/21/2018

A company that operates residential care facilities in Mission Hills and Laguna Niguel has settled federal charges it violated the Fair Labor Standards Act.

Los Angeles Times unionizes, after management’s bad press

02/21/2018

On Jan. 4 this year, employees voted 248-44 in favor of joining NewsGuild, a union that represents more than 25,000 news workers across the country. Missteps by the Times’ parent company, Tronc Inc., may have tipped the vote toward unionization. 

California Supreme Court must rule on meal break pay

02/21/2018

The 9th Circuit Court of Appeals has asked the California Supreme Court to answer several questions about meal breaks and whether certain employees are entitled to additional payments for missed meals.

FEHA has lower disability threshold than ADA

02/21/2018

California employers must be mindful that it is easier to qualify as disabled under California law than under the federal ADA.

Beware retaliation if worker has been involved in government inquiry

02/21/2018

In order for an employee to claim he or she suffered retaliation, some form of protected activity has to have occurred to precipitate the unlawful punishment. What constitutes protected activity depends on the specific law under which the employee claims protection. It’s not enough to merely complain about working conditions.

Regardless of prior leave, prepare to offer more time off as a reasonable accommodation

02/21/2018

Under the disability discrimination provisions of California’s Fair Employment and Housing Act, employers are required to offer extended leave as a reasonable accommodation for disabled employees—as long as the employee provides an estimated return date.