Kick 9-5 To The Curb! Consider an Alternative Workweek Schedule

Posted on Thu, Jun 13, 2013

From the day we join the workforce, we are trained to think work means 8 hours a day, 5 days a week. This is especially true in California, which swoops in to reward employees with overtime pay when they work over 8 hours a day.  You might be surprised, however, to learn that California allows for some flexibility. Instead of the normal 8 hour day, employers and their workers have the ability to implement an “Alternative Workweek Schedule,” which, if done right, lets employees work more than 8 hours per day, without daily overtime, while putting in fewer days of work per week. 

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Tags: HR Allen Consulting Services, HR Informant, California Employment, Workplace Solutions, Alternative Workweek, AWS, California Labor

Rounding Time Clarified by See's Candy

Posted on Wed, Jun 12, 2013

While most employers now use computerized timekeeping and payroll systems, many “round” employees’ time, a practice originating in olden days when time and pay calculations were done by hand.  But is this practice legal?  According to a recent California Court of Appeal decision, See’s Candy Shops, Inc. v. Superior Court, 210 Cal. App. 4th 889 (2012), the answer is an emphatic (and delicious) “yes!” Well, sometimes.

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Tags: California, payroll, HR Allen Consulting Services, HR Informant, California Employment, Time Rounding, Timekeeping, Workplace Solutions

EEOC Provides Guidance on Specific Disabilities in the Workplace

Posted on Tue, Jun 04, 2013

The federal Equal Employment Opportunity Commission recently issued revised “Q&A” documents addressing how the Americans with Disabilities Act (ADA) applies to applicants and employees with four specific disabilities:

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Tags: HR Allen Consulting Services, HR Informant, discrimination, EEOC, Disabilities

California Labor Law Task Force Has Record-Breaking Results

Posted on Thu, May 30, 2013

new report released by the state Labor Commissioner reveals that labor law enforcement over the past two years has broken previous enforcement records. Enforcement efforts in 2011 and 2012 resulted in more minimum and overtime wages found owing to California workers and more monetary penalties for illegal business practices than in any previous years in the past decade.

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Tags: HR Allen Consulting Services, HR Informant, Minimum Wage, LETF, Labor enforcemnt task force, unpaid overtime, civil penalties, higher citation rate, HR That Works

EEOC's Top Priority: GINA

Posted on Wed, May 29, 2013

This month, the Equal Employment Opportunity Commission (EEOC) settled itsfirst ever lawsuit involving the Genetic Information Nondiscrimination Act of 2008 (GINA).

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Tags: HR Allen Consulting Services, GINA, EEOC, HR Informant, Equal Employment Opportunity Commission, Genetic Information Nondiscrimination Act of 2008

Want That Promotion? Watch What You Wear

Posted on Tue, May 28, 2013

What you wear to work may affect your chances for promotion, according to a recent survey by Office Team, an employment agency that specializes in administrative staffing. Eighty percent of executives interviewed admitted that clothing choices affect who they choose to promote. 

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Tags: employees, HR Allen Consulting Services, Employers, dress code, HR Informant, dress code at work, promotion

Server's Tip Credit Class Claim

Posted on Fri, May 24, 2013

When should a tipped employee no longer be treated as a tipped employee?  Plaintiffs’ lawyers argue that restaurants cannot utilize the tip credit, or pay tipped employees a sub-minimum wage, if tipped employees perform any “non-tipped” duties, such as washing dishes or taking out the trash.  Earlier this week, a District Court in the Northern District of Indiana rejected this argument.  (See here)  Specifically, the court dismissed a former server’s claim that the FLSA was violated by restaurants paying servers, bartenders, and hosts a sub-minimum wage while they performed non-tipped duties.  This decision could be far reaching because restaurants across the country are being hit with similar class or collective action lawsuits.  

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Tags: FLSA, HR Allen Consulting Services, HR Informant, conditional certification, tip credit

Cable Company Pays Over $1 Million in Back Wages

Posted on Thu, May 23, 2013

A cable installation company recently entered into a consent judgment with the U.S. Department of Labor, agreeing to pay over $1 million in back wages and liquidated damages to nearly 200 workers. [here] The consent judgment also enjoins the company -- and its former vice president -- from future violations of the FLSA. 

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Tags: HR Allen Consulting Services, independent contractors, Department of Labor, misclassification, HR Informant, wage and hour enforcement

Five Don'ts When Hiring Employees in California - Avoid A Lawsuit

Posted on Wed, May 22, 2013

Isn’t it true that nationwide employers can interview and hire employees for their California offices so long as they follow federal hiring laws?  In a nutshell, no way.  Hiring in California presents a host of nuanced, state-specific rules that often add up to “don’ts.” We list a few for you below.

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Tags: California, HR Allen Consulting Services, HR Informant, Hiring, Privacy, Employment, Reasonable Expectation, Right

California Employer Cited for More Than $1.6 Million

Posted on Mon, May 20, 2013

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Tags: HR Allen Consulting Services, HRCalifornia, HR Informant, wage theft, employer penalties, meal and rest break violations, overtime requirements, unpaid wages