California

California Employer LAWlert: SUPREME COURT RULES THAT SLEEPING IS HOURS WORKED

The California Supreme Court in the matter of Mendiola v. CPS Security Solutions, Inc., has reversed the California Court of Appeals, ruling that employees on 24 hour shifts must be paid for time sleeping. Historical Perspective Wage and hour claims are today governed by two complementary and occasionally overlapping sources of authority: the provisions of …

California Employer LAWlert: SUPREME COURT RULES THAT SLEEPING IS HOURS WORKED Read More »

California Employer LAWlert: New Law Requires Anti-Bullying Training in the Workplace

Current California law requires employers with 50 or more employees to provide two hours of sexual harassment training and education to all supervisors and managers every 2 years and for newly hired or promoted employees, within six months of the employee’s assumption of a supervisory role. Specifically, the training must include information and practical guidance …

California Employer LAWlert: New Law Requires Anti-Bullying Training in the Workplace Read More »

MISCLASSIFICATION OF EXEMPT EMPLOYEES CAN RESULT IN SIGNIFICANT FINANCIAL CONSEQUENCES FOR EMPLOYERS

Costa Solutions LLC, a warehouse service provider to the HEB grocery chain, has agreed to pay $146,459 in overtime back wages to 63 current and former employees after an investigation by the U.S. Department of Labor’s Wage and Hour Division. The investigation, conducted by the division’s San Antonio District Office, found that Costa Solutions violated …

MISCLASSIFICATION OF EXEMPT EMPLOYEES CAN RESULT IN SIGNIFICANT FINANCIAL CONSEQUENCES FOR EMPLOYERS Read More »

OSHA Announces New Reporting Requirements

The U.S. Department of Labor’s Occupational Safety and Health Administration announced a final rule requiring employers to notify OSHA when an employee is killed on the job or suffers a work-related hospitalization, amputation or loss of an eye. The rule, which also updates the list of employers partially exempt from OSHA record-keeping requirements, will go …

OSHA Announces New Reporting Requirements Read More »

California Employer LAWlert: CA Mandates Paid Sick Leave

The California legislature on Saturday, August 29, passed the Healthy Workplaces, Healthy Families Act of 2014. Below are the pertinent elements of the law that every employer in California must become familiar with.Sick Leave Entitlement/Accrual/UseIt states that an employee who, on or after July 1, 2015, works in California for 30 or more days within …

California Employer LAWlert: CA Mandates Paid Sick Leave Read More »

California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate

Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA).  FEHA is …

California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate Read More »

California Employer LAWlert: FORCED USE OF VACATION FOUND TO VIOLATE THE NO ‘USE-IT-OR-LOSE-IT’ PROVISION OF CALIFORNIA LAW

Recently the 2nd District Court of Appeals ruled against Lexmark International, Inc., that its vacation policy violated California Labor Code Section 227.3 which states in pertinent part that an employer’s vacation policy “shall not provide for forfeiture of vested vacation time” and awarded plaintiffs $13 million. Under California law and as affirmed by the court, …

California Employer LAWlert: FORCED USE OF VACATION FOUND TO VIOLATE THE NO ‘USE-IT-OR-LOSE-IT’ PROVISION OF CALIFORNIA LAW Read More »

CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal

By Ashley Kaplan As the number of women accusing San Diego Mayor Bob Filner of sexual harassment reaches the double digits, public interest surrounding the case is at an all-time high, as well. In the wake of the accusations – and despite intense pressure to resign – Filner refuses to step down. Instead, Filner is …

CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal Read More »