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Dispute Resolution: What Are Your Recommendations Concerning Arbitration Agreements?

I’m tasked with making a recommendation concerning arbitration agreements for our employees. My questions are: Do you recommend these agreements? For all employees? How do we go about establishing this for new and current employees? Any particular pitfalls to watch out for? — Elaine, HR Specialist in Encino   The typical employee arbitration agreement requires […]

Leave: Is It a Good Idea to Allow Gifting of PTO Time?

Our PTO program wraps together all time off—sick leave, vacation, and personal time. Now we’ve had a suggestion that we allow “gifting” of PTO time; that is, permit workers with excess time to give it to a worker who, say, ran out of time and is dealing with an issue, such as his or her […]

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 […]