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California

Are computer programmers exempt from overtime in California?

10/22/2015
Q. Our company needs to hire computer programmers to create, maintain, and update internal software, and to develop apps to give to our clients. I have heard about a “computer workers” exception from overtime. What exactly is the exception and can I apply it to my computer programmers?

How to comply with L.A.’s new minimum wage?

10/22/2015
Q. My company is headquartered in San Francisco, but I have several employees throughout California, including in Los Angeles. What are my obligations with regard to the new Los Angeles minimum wage ordinance?

How to handle a reference request from a subpar former employee?

10/22/2015
Q. A former employee asked me to provide a reference to a prospective employer. While he left our company on good terms, he had lateness problems, his performance was substandard, and I was not fond of him. Can he sue me for giving him a bad reference?

New court ruling on internships recognizes reality for employers

10/21/2015
A court has rejected the DOL’s test to determine whether a worker is an intern or an employee, coming up with a simpler one.

Contractor pays high price for shorting prevailing wage

10/21/2015
Air Force contractor General Atomics Aeronautical Systems, based in San Diego, will pay 901 workers more than $945,000 after government auditors found the company had not paid them the prevailing wage mandated by the federal McNamara-O’Hara Service Contract Act.

EEOC sues San Ysidro eatery for same-sex harassment

10/21/2015
Achiote Restaurant in San Ysidro, Ca., faces an EEOC lawsuit after young Mexican men working at the restaurant complained of sexual harassment and retaliation by a male manager.

EEOC sues San Diego clinic for ADA violation

10/21/2015
A surgical scrub technician has alleged Sharp Healthcare withdrew a job offer because it regarded her as disabled when she was not.

Gear could have gone home? No pay to retrieve it

10/21/2015
The 9th Circuit Court of Appeals has nixed a firefighter’s claim that he should be paid for the time it takes to get to his station and retrieve his firefighting gear before reporting to a different station.

‘Evergreen clause’ may mean contract didn’t expire

10/21/2015
Here’s something to consider when contracting with a union. If the contract contains a so-called “evergreen clause,” be sure to follow the directions if you want to cancel the agreement after a term.

Government employee’s speech that sounds like insubordination may be protected

10/21/2015
Public employees are entitled to free speech under the Constitution—within limits. For example, the speech must involve matters of public importance. Under the right circumstances, arguing with a supervisor may even be protected.