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Showing posts for: California

Jul 17 2014
CaliforniaWage and Hour

CALIFORNIA: Minimum wage for exempt workers increased July 1, 2014

In order for a professional, administrative, or executive employee to be exempt from overtime in California, the minimum annual salary must be at least $37,440 as of July 1, 2014. This is a result of California’s new hourly minimum wage of $9.00 per hour. The minimum annual salary for exempt workers is calculated by multiplying…

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Jul 17 2014
CaliforniaLeave Laws

CALIFORNIA: More family members covered by paid family leave

Effective July 1, 2014, employees in California may take paid family leave to care for a grandparent, grandchild, sibling, or parent-in-law with a serious health condition. The change is the result of a new law that expanded the definition of eligible family members, which originally included only a child, parent, spouse, or registered domestic partner…

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Jun 24 2014
CaliforniaWage and Hour

Class action claim for final pay violations allowed to proceed

A former PetSmart groomer has been given the green light to proceed with her class action lawsuit alleging that PetSmart’s practice of paying departing employees with a prepaid ATM card was a violation of the California Labor Code. Section 212(a) of the code requires that employers pay wages that are “negotiable and payable in cash,…

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Jun 17 2014
CaliforniaLeave Laws

CALIFORNIA: Leave of absence for pregnant employee may not be reasonable accommodation

Granting a leave of absence instead of workplace accommodations to a pregnant employee may not have been reasonable under California law, ruled a federal district court in California. When a pregnant employee asked for an accommodation of a bathroom break every three hours, and no heavy lifting or pushing, her employer allegedly told her that…

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Jun 03 2014
CaliforniaLeave Laws

CALIFORNIA: Medical certification for CFRA more limited than federal FMLA

When an employer in California used the federal Family and Medical Leave Act (FMLA) medical certification form, it asked for more information than what is permitted under the California Family Rights Act (CFRA). Specifically, California employers cannot request information pertaining to “symptoms, diagnosis, hospitalization, doctor visits” and “whether any medication has been prescribed.”  An employer…

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Apr 25 2014
California

California Sexual Harassment Training this May 13th

Provide your supervisors with required California sexual harassment training and education and reduce your risk to costly harassment claims. Our Policy Briefing for Supervisors and Employees class provides everything your supervisors need to meet California’s requirement for training in preventing sexual harassment. We focus on issues of harassment, including the definition of improper conduct. We…

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Apr 08 2014
CaliforniaLabor RelationsWage and Hour

CALIFORNIA: Collective Bargaining Agreements Can Determine Overtime Compensation

Collective bargaining agreements (CBAs) can, in certain cases, override strict state laws on overtime, ruled a California court of appeals. Unionized production and maintenance workers at Exxon’s Santa Ynez facility worked 12 hours a day for seven days in a row, followed by seven days off. According to California labor law, workers are entitled to…

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Feb 04 2014
CaliforniaWage and Hour

CALIFORNIA: Written policy crucial in obligation to provide meal and rest periods

Since the California Supreme Court decided in Brinker Restaurant Corp. that employers must “provide,” but need not enforce an uninterrupted meal period, there has been some debate about what an employer needs to do to ensure that it is “providing” a meal period under evolving California law. Now a California court of appeals has ruled…

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Dec 16 2013
CaliforniaWage and Hour

CALIFORNIA: Final report on employment-related laws taking effect in 2014

Protection for military and veteran status – (AB 556 – signed 10.10.13) Expands the Fair Employment and Housing Act to include “military and veteran status” in the list of protected categories. The law will permit employers to inquire about military or veteran status for the purpose of awarding a preference for veterans that is allowed…

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Nov 14 2013
CaliforniaHiringLeave Laws

New California employment-related laws to take effect in 2014

Governor Brown has recently signed a flurry of California bills into law. At press time, a number of bills are still at the Governor’s desk awaiting signature or veto. So, stay tuned and Vigilant will continue to report on developments. Here is a summary of key new employment-related laws to date, with links to the…

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Oct 15 2013
CaliforniaWage and Hour

CALIFORNIA: Huge punitive damage award upheld in retaliation case

Speaking up about concerns in the workplace, and being fired as a result, resulted in a huge jury verdict against a California employer. In a recent case, a federal district court upheld a jury verdict awarding an employee over four million dollars for being fired in retaliation for raising an issue about the company’s meal…

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Aug 13 2013
California

CALIFORNIA: Teasing over “girly” clothes may be illegal harassment

In case you needed a reminder to take all complaints of harassment seriously, take note. A California state agency was recently sued by an employee who claimed to have been harassed by coworkers for his manner of dress. The coworkers allegedly teased the employee that his clothing was “girly” because he wore shirts in pink,…

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