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Employment Law

Can we require an employee to change shifts?

07/04/2013
Q. Our executive director wants to change an employee’s shift. The employee does not want the change. Can we force it? 

Worried promotion might fail? Take a chance anyway

07/03/2013
Some employees rise to a challenge; others don’t. If you are worried that an employee you want to promote might not succeed but want to give her a chance, go ahead. As long as you give her ample training, it won’t appear to be a setup.

Must you reassign disabled staff to vacant jobs?

07/03/2013
Suppose an employee becomes disabled and can no longer physically do the job he was hired to do. Must you reassign the employee to another position within your organization that he could perform? In many cases, yes.

Is a minimum wage hike on the way?

06/27/2013
Q. Is it true that the California state minimum wage is increasing soon?

What are the rules for providing, paying for employee uniforms?

06/27/2013
Q. We would like to require employees to pay for their own uniforms. Is this legal? If not, we would like to require employees to purchase uniforms. Then we would reimburse them. Is that OK, or must we purchase the uniforms and provide them to the employees?

With DLSE enforcement up, get your pay practices in order

06/27/2013
California Labor Commissioner Julie Su has issued a report summarizing the enforcement activity of the Division of Labor Standards Enforce­­ment in 2011 and 2012. Its conclusion: The DLSE has significantly increased the number and scope of its enforcement actions during the first two years of Gov. Jerry Brown’s administration.
Our conclusion: Now more than ever, employers should ensure that their pay practices comply with Cali­­for­­nia law.

Lab must pay $2.73 million to wrongly fired workers

06/27/2013
A San Francisco jury has awarded $2,729,037 to five former employees of the Lawrence Livermore National Laboratory who alleged wrongful termination and breach of their employment contracts.

Adult care facilities cited for wage theft violations

06/27/2013
Three Bay Area adult care facilities face nearly $600,000 in fines for not paying overtime or the minimum wage and failing to provide meal breaks.

Court: Unions entitled to info about nonunion employees

06/27/2013
In a significant win for organized labor, the Supreme Court of California has ruled that a union is entitled to the home addresses and telephone numbers of employees who aren’t union members.

When terminating or laying off employees, be sure to pay out accrued leave

06/27/2013
California wage-and-hour law requires employers that provide vacation benefits to pay out unused vacation immediately upon termination. However, there’s an exception for union workplaces if the employer and union clearly and unmistakably agree to waive that payment.