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Employment Law

Opinion letter: OK to cut hours, pay of exempt employees

09/21/2009

A California Division of Labor Standards Enforcement opinion letter has given the green light to an increasingly common employment practice in today’s fragile economy: Cutting exempt employees’ normal workweeks and then paying them proportionately less.

Review privacy and surveillance policies in light of new California Supreme Court ruling

09/21/2009

The California Supreme Court has ruled in a case involving video camera surveillance and employee privacy rights. The court said employees do indeed have a right to considerable privacy at work, but that in this particular case the employer had acted reasonably and limited the surveillance to what was necessary under the circumstances.

Employee announces she’s pregnant? Say ‘Congratulations!’ … and nothing more

09/21/2009

There’s only one safe way to respond to an employee’s pregnancy announcement—and that’s a simple “Congratulations!” Anything else may spell trouble down the line, especially if the pregnant woman ends up being terminated. She’ll probably sue and try to tie any negative comments to the termination, arguing they demonstrate pregnancy bias.

It takes two to have an argument—suspend both when beefs get out of hand

09/21/2009

It’s a fact of life: Employees get into arguments at work. Obviously, you can’t let a situation get out of hand. But be careful how you discipline the individuals. That’s especially important if there’s no clear evidence about who said what to whom. If you decide to suspend one employee, suspend the other one, too.

Testifying for subordinate may be protected activity

09/21/2009

Supervisors who stand up for subordinates when they claim they have been discriminated against may be engaging in “protected activity.” That could make punishing those supervisors retaliation.

State law—not local ordinance—may govern worker retention

09/21/2009

The Court of Appeal of California has refused to reinstate a Los Angeles ordinance that tried to force some employers to retain the employees of businesses they acquired. The case may signal a judicial effort to rein in municipal regulation of California companies.

Financial aid helps small biz bring back injured workers

09/21/2009

The California Division of Workers’ Compensation is acting to help small employers that need financial assistance bringing injured employees back to work. Small employers can apply for reimbursement of up to $2,500 for special equipment or other products needed to help accommodate the needs of injured workers returning to the job.

Poizner sues over sale of workers’ comp insurance assets

09/21/2009

Steve Poizner, the California Insurance Commissioner and Republican candidate for governor, recently filed a lawsuit seeking to stop the sale of assets in the State Compensation Insurance Fund (SCIF). He contends efforts by the Legislature and Gov. Arnold Schwarzenegger to use the funds to balance the state budget are unconstitutional.

Schwarzenegger vetoes farm worker card check election bill

09/21/2009

Gov. Arnold Schwarzenegger has vetoed a bill that would have created a card check election process for farm workers seeking union representation. S.B. 789, which was introduced by Senate President Pro Tempore Darrell Steinberg, is similar to bills the governor also vetoed in 2007 and 2008.

‘Sexting’ causes growing harassment risk in workplaces

09/18/2009

HR is being forced to respond to an increasing number of sexual harassment claims revolving around explicit photos sent via text message, a practice known as “sexting.” Latest case: A Hooters waitress in Florida sued, saying her manager sexually harassed her by texting explicit photos.