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Time Rounding Policies Are Dangerous

Steve Holden   March 8, 2019

A recent California appellate decision and reports about it might give employers the wrong idea. In Donohue v. AMN Services, LLC. 29 Cal.App.5th 1068 (2018) the court ruled that the employer’s policy of rounding employees’ actual clock time was not a violation of law. The plaintiff in Donohue claimed, among other things, that the employer’s policy of rounding the actual clock time resulted in meal period violations. The plaintiff claimed that […]

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Little Mistakes Can Cost Employers Big Money when it comes to Pay Stubs

Shannon Claire   February 23, 2019

In California, employers are required to provide employees with a wage statement (pay stub) every pay period. The Labor Code has a rather persnickety laundry list of requirements for what must be included on a pay stub, codified at Labor Code section 226(a). Each pay stub is required to contain the following information: gross wages earned; total hours worked by the employee; the number of piece-rate units earned and any […]

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Love Is In The Air (and in the courtroom)

Adrian Hoppes   February 13, 2019

With Valentine’s Day just around the corner, we thought we would cover some do’s and don’ts for relationships in the workplace. First and foremost, dating between a supervisor and a subordinate should be avoided at all costs. California has strict liability standards for companies when it comes to supervisor behaviors in the workplace. Allowing dating between these two distinct employment groups is a recipe for litigation. Not only could the […]

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Forms and Rules for the Separation Process

Fara Elizalde   February 7, 2019

Terminations can be one of the hardest parts of an employer’s job.  Sometimes good employees resign and sometimes we need to let someone go. No matter what the circumstances are, certain documents must be given to the departing employees. There are also rules around the timing and ways to give employees the final check. A “Notice of Change in Relationship” is required at separation. This is a document that includes […]

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Do They Get Unemployment?

Steve Holden   January 25, 2019

A client asked recently “What are the consequences of telling an employee who resigns and gives notice that you don’t need the notice and the employee can leave immediately?” Interesting question and the answer can be found in the California Unemployment Insurance Regulations (22 Cal. Code Regs. § 1256-1).  Well, at least part of the answer. The regulations specify that an employee’s entitlement to benefits is determined first and foremost […]

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US Supreme Court Limits Arbitration

Steve Holden   January 15, 2019

Today the United States Supreme Court limited the use of arbitration for companies engaged in interstate transportation. The court reaffirmed that the Federal Arbitration Act (“Act”) and the federal courts’ authority to compel arbitration do not apply to employment agreements entered into by employees of companies engaged in interstate transportation. And, the court went further to rule that arbitration could not be compelled for independent contractors engaged in interstate transportation. […]

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REQUIRED HARASSMENT PREVENTION TRAINING – WE CAN HELP

Admin   January 12, 2019

On January 1st the law regarding harassment prevention training expanded dramatically. Supervisor training that was previously applicable only to employers with 50 or more employees  is now mandated for all employers with five or more employees. Additionally, all employers with five or more employees must now perform specific training for non-supervisory employees. All employees must receive this interactive training before January 1, 2020. Thereafter, employees must receive the training at […]

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Harassment Prevention Training is a Requirement for Every Employer

Steve Holden   January 10, 2019

Authored by Steve Holden. Published in the Sacramento Business Journal November 2018. At a recent presentation I made the statement “Harassment prevention training is a requirement for every employer in the State of California.” A seasoned human resource professional in the audience politely responded, “I think you may be wrong. The training is only required for employers with 50 or more employees.” Was I wrong? Would I be writing about […]

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