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California

Probationary period starts on first day at new job

08/26/2015
Here’s a technicality to consider if you work for a California civil service employer: Employers have to count the first day of probation as part of the probationary period, and must extend probation during the term or the position becomes permanent.

Don’t set weekend deadline for appealing benefits denial

08/26/2015
When an employer (or plan administrator) denies a request to receive an ERISA-covered benefit, it must inform the employee that he must appeal by a certain date, typically 180 days. When the 180th day falls on a weekend, those days aren’t counted.

No proof required: Heart disease automatically a covered disability under California’s FEHA

08/26/2015
Under California’s Fair Employment and Housing Act, heart disease is a disability. The employee doesn’t have to prove that in his particular case, the condition limits a major life activity.

Independent contractor status in California: Court of Appeal wades into classification debate

08/26/2015
The Court of Appeal of California has ruled in a case testing the limits of calling workers independent contractors. Employers should review their independent contractor arrangements to make sure they meet California requirements.

2, 4, 6, 8! Who does California appreciate? Cheerleaders!

08/26/2015
It’s official—professional cheerleaders are now recognized as employees under California law. In July, California Gov. Jerry Brown signed a bill requiring California professional sports teams to pay their cheerleaders at least the minimum wage.

Justify change that will affect older workers

08/26/2015
Are you planning to change the way you schedule work or provide overtime opportunities? If the proposed changes would affect your older employees, make sure you document solid business reasons to justify the new system, just in case it is challenged in court.

No formal ADA accommodation request required

08/26/2015

Employers can’t rely on the lack of a formal reasonable accommodations request as the basis for not providing one if it is obvious the employee is disabled and has informally indicated he needs help. There are no magic words required, no need to invoke the ADA, the Rehabilitation Act or state disability statutes.

Does same-sex ruling affect ADA compliance?

07/17/2015
Q. Does the recent U.S. Supreme Court decision on same-sex marriages have any effect on us with regard to the Americans with Disabilities Act?

New W-2, 1099 penalties for employers explained

07/17/2015
Q. I heard that there have been increases in the IRS penalties that employers have to pay for failing to file (or filing incorrect) tax documents?

How to lawfully hire teenagers for jobs in California

07/17/2015
Summer is here and many teenagers have hit the workforce to earn a few extra dollars. Companies that hire teenagers should be aware that state and federal laws restrict their hours and duties.