Employment Law Blog

News, trends and analysis in employment law and HR

Showing posts for: California

Mar 14 2011
Wage and Hour

CALIFORNIA: Rest and meal period violations warrant up to two penalty payments per day

226.7 assesses a penalty of one hour of pay (called a “premium payment”) against an employer who fails to provide rest or meal periods to its employees. In a recent court case, a group of UPS employees sued the company for rest and meal period violations. This case resulted in a decision…

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Feb 18 2011
Employee BenefitsHealth Care Reform

CALIFORNIA: Health coverage of adult children subject to state income tax

Although last year’s health care reform law made coverage available to employees’ adult children up to age 26, and provided a federal income tax exclusion for the coverage, California employers should be aware that California’s tax law does not provide such an exclusion from income for adult child coverage. If passed by the…

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Nov 10 2010
Workers’ Comp

CALIFORNIA:  Workers’ comp settlements must be approved by WCAB

5001 and 5002) actually requires the approval of the WCAB or a referee before the parties can compromise or release a claimant’s workers’ compensation claim (Steller v. Sears, Roebuck and Co., Cal App 4th, Oct. 2010). Thus, the portion of the settlement agreement that related to the workers’ compensation claim needed to be reviewed…

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Oct 15 2010
Leave Laws

CALIFORNIA: New paid leave for organ and bone marrow donors

new law signed by Governor Schwarzenegger (SB 1304). Employers with at least 15 employees are required to comply with the new law, which also requires employers to restore the employee to the position they held prior to taking the leave. The new law allows employers to require employees to use…

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Aug 27 2010

CALIFORNIA: Same-sex marriage on hold

Same-sex marriages in California won’t be happening anytime soon, as the U.S. Ninth Circuit Court of Appeals is scheduled to hear arguments over California’s Proposition 8 during the week of December 6, 2010. A federal district judge had ruled that Perry v. Schwarzenegger, 9th Cir, August 16, 2010, order). Tips: 

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Jul 30 2010
Hiring

CALIFORNIA: Employee can sue for false inducement to relocate to California

A man who moved from India to California for a job can sue his employer for misrepresenting the terms of his employment in violation of California Labor Code Singh v. Southland Stone, U.S.A., Inc., Cal App, July 2010). Tips:4370). 

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Apr 14 2010
Hiring

CALIFORNIA: Megan’s Law website still off-limits for employers

Megan’s Law website to its employer clients. The website displays the whereabouts of registered sex offenders in California, but state law prohibits using the information for employment purposes. An unsuccessful applicant sued the consumer reporting agency for passing along information from the website. The court ruled that it was the employer, not…

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Mar 15 2010

CALIFORNIA: New leave for members of civil air patrol

CaliforniaAB 485, 2009 Cal Stat Ch 242). For more information about this new leave law, call your Vigilant staff representative.

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Feb 19 2010
Wage and Hour

CALIFORNIA: Partial-day leave bank deductions under four hours are OK

Employers may deduct from exempt employees’ leave banks for partial-day absences, even when the absence is less than four hours, according to an opinion letter from the California Division of Labor Standards Enforcement (DLSE). The letter is a reversal of the DLSE’s previous position, and will allow employers greater latitude in deducting…

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Jan 21 2010

CALIFORNIA: Expanded Prop 65 list includes wood dust

announced that it was adding wood dust and zidovudine (AZT) to the list as substances that can cause cancer, and adding tert-amyl methyl ether (TAME) and ethyl-tert-butyl ether (EBTE) as substances that can cause birth defects.example warning is available on our website.

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