In Rent-A-Center v. Jackson, the United States Supreme Court held that arbitration agreements are contracts, and, like other contracts, should be enforced according to their terms which terms may include a provision allowing an arbitrator to determine that arbitration is appropriate.
In California under the IWC wage orders an entity can be held part of an employer/employee relationship if any one of the following three scenarios are satisfied: (1) “to exercise control over the wages, hours or working conditions;” or (2) “to suffer or permit to work;” or (3) “to engage,” a common law definition. Elements …
CA Update LAWlert: Supreme Court broadens definition of employer Read More »
The U. S. Supreme Court has unanimously ruled that an employer can be held liable for employment discrimination based upon the discriminatory intent of a supervisor who influenced but did not make the ultimate employment decision. Staub v. Proctor Hospital, No. 09-400 (March 1, 2011).
Under California law, a commissioned inside sales representative covered either by Wage Order 4 or Wage Order 7 can be classified as an exempt employee if: Total compensation exceeds 1.5 times the minimum wage for each hour worked during the pay period (As of January 1, 2008, 1.5 x $8.00 = $12.00/hour); and at least …
CA UPDATE: Is Your Commissioned In-House Sales Employee Exempt from Overtime? Read More »
Effective October 8, 2010, California employers must comply with new workers’ compensation posting requirements as a result of recently passed regulations. All California employers must post a new “Notice to Employees–Injuries Caused by Work” poster by October 8. All employers must also distribute a new “Your Rights to Workers’ Compensation Benefits” pamphlet to all new …
CA UPDATE: New Workers Comp. Law Effective 10/08/10 Read More »
An employer cannot legally make a deduction from wages if, by reason of mistake or accident a cash shortage, breakage, or loss of company property/equipment occurs. The California courts have held that losses occurring without any fault on the part of the employee or that are merely the result of simple negligence are inevitable in …
A client recently asked a question about an email she got advertising “New Rules for E-Discovery: How to Find Your Blind Spots and Reduce Exposure.” She wanted to know if she should be concerned about these new rules with respect to the collection and retention of electronic data collected by her business. Due to the …
Two Common Scenarios: An employee gets injured and is on leave. You have taken all necessary precautions with respect to making sure all proper notifications pertaining to leave were provided and the employee has cooperated and submitted all necessary medical certifications including a clearance to return to work. However, there’s one hitch, the medical clearance …
I hear it from employers all the time, “What a waste of time. I’m not their babysitter. I pay them a salary what more do they need? Why should I inform them about their rights?” I respond by asking them a simple question, “Do you run your business by yourself?” While they know the answer, …
PUT THE “HUMAN” BACK IN HUMAN RESOURCES: Watch your profitability & productivity soar! Read More »
California law states: “No employer shall employ any person for a work period of more than five (5) hours without a meal period of not less than 30 minutes, except that when a work period of not more than six (6) hours will complete the day’s work the meal period may be waived by mutual …
California Employer LAWlert: Employee Meal Breaks in California Read More »
