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Boeing May Have Discriminated in RIF Process, Ninth Circuit Rules

According to the federal Equal Employment Opportunity Commission (EEOC), managers at the Washington-state based Boeing Corporation discriminated against female employees when they administered the company’s Reduction in Force (RIF) evaluations, used to determine which employees would be laid off. One Boeing employee, Antonia Castron, asked to be transferred away from a manager who often stated […]

Can a Single Employee Elect an Alternative Work Week?

We are an employer with fewer than 10 employees. Can a single employee elect an alternative work week? If she does, can she work weeks that look like this?: M-10, T-3, W-5, Th-8, F-4, Sa-10 First, the alternative work week rules apply to all California employers regardless of the size of the company, although there […]

New Case: Corporate Officers May Be Forced to Pay Out-of-Pocket Under FLSA

In 2005, the California Supreme Court ruled that, under state law, individual managers and corporate officers couldn’t be held personally liable for unpaid wage claims. In other words, only the company could be forced to pay back wages. This was an important victory for California employers (Find out more on the 2005 case). But the […]

Legal vs. Illegal Hiring Questions

Protecting your business from unnecessary litigation begins well before an employee works a single day. Asking the wrong application or interview questions—or asking the right questions in the wrong way—can land you in court and come with a hefty price tag. But if you have a plan and take the time to learn which questions […]

What Does Your Employee Handbook Say About Breastfeeding?

California law requires that employers provide female employees who wish to express breast milk for nursing infants with: A reasonable opportunity to take breaks for the purpose of expressing breast milk, which can be timed with the employee’s regular break schedule; and Reasonable access to a private location to express breast milk, other than public […]

Employees Can’t Sue for Unpaid Vacation Before It’s Earned

By now, most employers have at least heard that California prohibits “use it or lose it” vacation policies—meaning that once an employee earns vacation time, that time can’t be forfeited for any reason. But can an employer decide not to award vacation time right away to new employees? The answer is yes—according to a recent […]

From the CEA Mailbag: Are Paid Birthdays Off the Same as Vacation?

A California Employer Advisor reader asks: Our company policy gives employees their actual birthday off with pay. A birthday that falls on a Saturday, Sunday, or holiday will be taken on the preceding or following workday. Subject to a supervisor’s approval, employees may take another day off, but it must be within one week of […]

Consider the Big Picture Before Terminating Pregnant Employees

An employee takes pregnancy-related medical leave. While she’s out, you discover that she falsified certain time sheets and billing records. On the day she’s set to return from leave, you instead tell her that she’s being terminated. The employee sues for pregnancy discrimination. Should you be worried? You should think long and hard before terminating […]

Employees to Get Stimulus Bonuses Starting…Now!

As part of the new stimulus package, many workers will be seeing a little extra cash in their paychecks beginning this month—in the form of a reduced federal income tax withholding called the Making Work Pay Tax Credit. For employers, this means that payroll calculations need to be adjusted to ensure that the lowered withholding […]

IRS Defines Involuntary Termination for COBRA Subsidy Eligibility

The federal stimulus package contains a COBRA premium subsidy for employees who are “involuntarily terminated” between September 1, 2008 and December 31, 2009. The Internal Revenue Service (IRS) has recently published guidance for employers on what an “involuntary termination” is for the purpose of determining which employees should be sent the required COBRA subsidy notices. […]