CALIFORNIA: Partially earned sabbatical may be due in final paycheck

A jury should decide whether an employer’s sabbatical program was actually vacation in disguise, ruled a California court of appeal. If so, then the sabbatical would be considered part of wages under California law. This means it is earned day by day, and must be paid out pro rata with a…

Wage and Hour

CALIFORNIA:  California overtime covers out-of-state residents working in California

Nonexempt employees who work in California for a full day or a full week are covered by California overtime law, even if they reside in another state, ruled the California Supreme Court. The U.S. Ninth Circuit Court of Appeals came to the same conclusion in 2008, but later withdrew their…

CALIFORNIA: Jail time for owners who failed to provide fall protection

Two owners of a San Francisco roofing company are on their way to jail, following the death of an employee who fell from a roof. During the investigation into the employee’s death, Cal/OSHA discovered that there were absolutely no safety measures in place at the worksite; no workers wore fall protection and…

Disability

CALIFORNIA: FEHA may require extended leaves of absence

It’s risky to automatically terminate an employee who has exhausted their protected leave, that’s what you can take away from a recent case from a California district court. An employee suffering from lupus was placed on leave under the federal Family and Medical Leave Act (FMLA) and was out for 12 weeks.…

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…

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…

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…

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…

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: 

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).