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Terminating Employees: Neutral Investigation Helps Defeat Discrimination Charges

Richard King was a valued United Parcel Service (UPS) supervisor in Redding for more than 30 years, until he was fired for falsifying an employee’s timecard. King contended in a lawsuit that the real reason for his termination was disability bias. But now a California appeals court has dismissed King’s suit—and the case is a […]

Employment Law Tip: Do You Have Reference Immunity?

Many employers are reluctant to provide references for former employees because of the risk that giving a negative reference can lead to a defamation lawsuit. To deal with this problem, California has a reference immunity law. Under this law, truthful communications about job performance or employment qualifications of a current or former employee are privileged—and […]

Employment Law Tip: Do You Know the Callback Pay Rules?

Each workday a nonexempt employee is required to report for work and does report but isn’t put to work, or is given less than half of his or her usual or scheduled day’s work, the employee must be paid for half the usual or scheduled day’s work, but in no event less than two hours’ […]

Retirement Plans: New Rule Regarding Stock Diversification Notice Penalties

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has published a final rule clarifying the penalty that may be imposed on a plan administrator for failing to provide a written notice to participants and beneficiaries of their rights to diversify the portions of plan accounts that are invested in the employer’s publicly traded […]

Employment Law Tip: Reviewing Your Vacation Policy

It’s that time of year when vacations are in full swing, and maybe all the overlapping vacation requests and questions about how vacation works have exposed some gaps in your vacation policy? If so, it’s time to review your policy. Here are the key areas a comprehensive vacation policy should address: Who is entitled to […]

New federal minimum wage poster available

On July 24, the federal minimum wage rose to $5.85 per hour, with further increases in the next two years that will take the rate to $7.25 per hour. Most California employers aren’t affected by this rate increase, as the California minimum wage remains higher. However, all employers are required to post the current federal […]

Exempt Employees: Court Sheds Light on the Administrative Exemption

The administrative exemption from overtime can be one of the most difficult of the various overtime exemptions to apply, and it causes employers the most headaches. Now, in one of the few published judicial decisions to address this subject, a California appeals court has provided guidance on who qualifies as an exempt administrator. Customer Service […]

Wage and Hour: Supreme Court Upholds “Companionship Services” Exemption

Evelyn Coke, a domestic worker who provided companionship services in New York, sued her employer, Long Island Care at Home, Ltd. She alleged that the company didn’t pay her overtime wages, in violation of the federal Fair Labor Standards Act (FLSA). The employer asked the court to dismiss the suit because Coke and workers like […]

Short Takes: Bereavement Leave

Does the law require us to provide bereavement leave?  Our HR Management & Compliance Report: How To Comply with California and Federal Leave Laws, covers everything you need to know to stay in compliance with both state and federal law in one of the trickiest areas of compliance for even the most experienced HR professional. […]