Meal and Rest Periods in California: A Sample Policy
As you're probably well aware, California has very specific meal and rest period regulations. Here's a quick summary of the meal period requirements.
Tag: Marc Jacuzzi
Tips for Ensuring Meal and Rest Break Compliance in California
With penalties accruing and the potential for lawsuits, most California employers try to be extra careful to stay in compliance with the meal and rest period requirements under California law. But missteps can add up quickly, and lawsuits often mean high settlements. What can be done to try to avoid accidentally not providing employees with the meal and rest breaks they're entitled to?
Proving employment discrimination: Understanding mixed motive cases in California
Recent rulings by both the California and U.S. Supreme Courts have changed how employers need to approach so-called “mixed-motive” cases, where employers need to understand their potential liability in making hiring or firing decisions about employees who may be in position to bring legal action for employment discrimination.
Preventing mixed motive employment discrimination cases
In a mixed motive case, the evidence shows that employer has taken adverse action for a combination of both legitimate and unlawful reasons. When a plaintiff in a Title VII case proves that a protected category played a motivating part in an employment decision, the defendant/employer may avoid a finding of liability only by proving by a preponderance of evidence that it would have made the same decision even if it had not taken the plaintiff's protected characteristic into account.
PTO in California: 7 permitted payroll deductions for exempt employees
How can a California employer administer their PTO policy and still stay in compliance with the requirements for exempt employees? Can the employer make deductions from pay for an exempt employee after all PTO time has been used?
6 considerations when drafting a PTO policy in California
In California, PTO is legally the same as vacation. An employee may use the time for any reason she or he likes, subject to notice and scheduling requirements. PTO, like vacation pay, also "vests" as it is earned/accrued over time and must be cashed out at termination.
How Should Reference Requests Be Handled?
Reference requests have come under scrutiny in recent years. This because negative references can be deemed an adverse employment action—and thus set the stage for a retaliation claim. On the other hand, even a good reference could be problematic. For example, if a good reference is given for an employee who was terminated due to […]
Use an Employee Termination Checklist to Avoid Legal Trouble
Using an employee termination checklist can reduce the risk of overlooking information that could lead to discrimination claims or unlawful termination claims in the future. Before making a final decision, first consider three issues: Contract law. “You must comply with promises about reasons and processes.” Marc Jacuzzi noted in a recent BLR webinar. In other […]
When is commuting time compensable work time in California?
Most California employers do not expect to have to pay employees for commuting time. However, there are some important exceptions to this rule. Some of these are fairly straightforward, such as commuting time when the employee is called back in for an emergency. Others are less clear, such as when an employee is driving a […]
5 core concepts of travel time pay in California
Travel time pay represents a significant risk for wage and hour claims in California. The reason is two-fold: first, California laws differ from federal laws. Second, travel is an integral part of most everyone's work day.