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