No Pay Secrecy; Bona Fide Factors OK to Justify Pay Differences
We recently gave only one of our employees a merit-based raise after an excellent performance review and asked that employee not to tell others....
California Supreme Court Agrees to Hear Timekeeping Rounding Case
The California Supreme Court has agreed to review a California Court of Appeal decision on a case involving timekeeping rounding policies.
On February 1, the...
Rest Breaks: Ways to Prove Employees Receive Duty-Free Time
Recently, an employee complained to management that they were not receiving rest breaks. Because the breaks are paid, the employees do not clock out...
Ninth Circuit Panel to Rehear Arguments on California’s Mandatory Arbitration Ban
A Ninth Circuit Court of Appeals panel has voted to withdraw its original ruling on California arbitration agreements in employment and rehear arguments on...
Applicant with Criminal History? Follow Process Before Revoking Offer
We ran a criminal background check on a prospective new employee and the check revealed some criminal history. Can we choose to revoke the...
A Look at Drug Testing, Privacy Rights and Last Chance Agreements
My employee provided a doctor’s note for recent time off that included information that he was out due to “cocaine poisoning.” With this information,...
Cal/OSHA Revises COVID-19 Emergency Temporary Standards (ETS) for Third Time
On April 21, 2022, the Occupational Safety and Health Standards Board (OSHSB) approved a third readoption of the California Division of Occupational Safety and...
Harassment Outside of Work? Employer Still Must Respond to Complaint
One of my supervisors just reported to me that they received complaints about harassment from a coworker but did not report them to us...
Child Care Issues Can Prompt Move to Create Alternative Schedule
My hourly employee asked for a flexible schedule where she would work four 10-hour days instead of five eight-hour days due to child care...
Minimum Wage Hikes Effective January 1 Include Local Rate Increases
I just heard West Hollywood passed a local minimum wage ordinance. How do local minimum wage ordinances interact with the statewide minimum wage and...
Key Considerations for Employers Returning Their Employees to the Workplace
Many employers in California are in the process of returning their employees to the workplace on either a full-time or part-time basis. For some...
Applicant’s Workers’ Comp Claim History Can’t Be Used for Screening
We work in an industry that is at a higher risk for workplace injury. In an effort to keep our workers’ compensation costs lower,...
Clearing Confusion About Current COVID-19 Workplace Safety Rules
Each day I see new reports on what the requirements are for wearing masks at work. How do I figure out what my company...
Employers Not Required to Provide Holiday Pay for Federal Holidays
Now that Juneteenth (June 19) has become a federal holiday, are we required to provide holiday pay to our employees for that day?
When President...
What to Do When an Employee Complains About ‘Discrimination’
An employee complained to me that a co-worker frequently yells at the employee for parking in the wrong spot and says that the co-worker...
American Rescue Plan Act Brings More Financial Relief
On March 11, 2021, President Joe Biden signed into law the $1.9 trillion American Rescue Plan Act (ARPA), creating a third stimulus package since...
CFRA Expansion Complicates Leave for Furloughed Employees
We have furloughed an employee. This employee now wants to take baby bonding leave after the birth of his child. Is the employee’s job...
