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A new decision from a California Court of Appeals underscores how erroneously classifying workers as independent contractors rather than employees can have serious tax consequences. The case involved a group of courier companies—collectively called Sonic—that classified delivery drivers as independent contractors and reported their pay on 1099 forms. The California Employment Development Department, however, decided […]
Many employers cite employees for violations of “unwritten” company policies that are enforced but not clearly set out in an employee handbook or other well-publicized document. This can be a big mistake. Your supervisors may feel comfortable telling employees that “this is a long-standing unwritten rule” or “just the way things have always been done,” […]
The U.S. Department of Labor’s Wage and Hour Division has unveiled a free, new Web-based tool to help employers and employees calculate overtime pay under the federal Fair Labor Standards Act (FLSA). The tool provides examples of how FLSA overtime should be completed under some scenarios. The Overtime Calculator advisor computes overtime pay due in […]
The Treasury Department and the IRS have issued final rules regarding section 409A nonqualified deferred compensation plans and arrangements. The new regulations provide extensive information on how employers can identify nonqualified deferred compensation plans and arrangements subject to section 409A, along with rules to help employers and employees comply. Plans and arrangements affected by the […]
Our company is going to go through a prolonged period of significant downsizing. A recent seminar told us to expect a retaliatory wave of unfounded allegations, grievances, and lawsuits by disgruntled employees. Can you suggest steps we can take to protect ourselves against these attacks? Should we retain specialists? What do you recommend we do? […]
If a disabled employee needs an accommodation so he or she can continue to perform the job, you don’t have to provide any accommodation that would be an undue hardship for you. Generally, undue hardship means that providing the reasonable accommodation would result in significant difficulty or expense, based on your resources and the operation […]
The U.S. Ninth Circuit Court of Appeals, which covers California, has released a controversial new opinion suggesting that the Americans with Disabilities Act protects misconduct stemming from a disability as part and parcel of the disability itself. The case involved Stephanie Gambini, an employee of Total Renal Care, Inc, who suffered from bipolar disorder. Gambini […]
The U.S. Equal Employment Opportunity Commission has released a new fact sheet explaining how the Americans with Disabilities Act applies to job applicants and employees in the healthcare industry–the largest industry in the American economy. The new publication is the latest in a series of fact sheets on specific disabilities and industries. It is available […]
Exit interviews are normally held with employees who have decided to terminate their employment or who have been discharged for cause. One purpose of conducting these interviews is to give departing workers the chance to express their thoughts, whether positive or negative, about the resignation or termination decision, as well as to offer their suggestions […]
The California Labor Code requires employers to repay employees for all necessary expenditures employees incur in performing their jobs. However, the law doesn’t provide guidance as to what precisely must be reimbursed and at what rates, or whether paying an increased salary or commission satisfies the reimbursement requirement. Now, the labor commissioner has issued proposed […]