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Showing posts for: California

Jan 10 2013
Affirmative ActionCalifornia

Affirmative Action: Meat-packer to pay nearly $440,000 to settle sex discrimination case

Clougherty Packing Co., a subsidiary of Hormel Food Corp. located in Los Angeles, has agreed to pay $439,538 in back pay and interest to 1,988 female applicants who were rejected for entry-level jobs at its meat-packing plant. The company holds a federal contract with the Department of Agriculture; its products include “Dodger Dogs” which are…

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Apr 20 2012
California

CALIFORNIA: Employers need only provide, not mandate, breaks and meal periods

Tips: While this opinion is great news for employers, it is still important to be wary of any workplace policies or practices that might serve to discourage employees from taking their breaks and meal periods. For more information, see our Legal Guide, “Breaks and Meal Periods—California” (

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Dec 16 2011
CaliforniaHiring

CALIFORNIA: Notice for new hires effective January 1, 2012

Just a reminder: As of January 1, 2012, California employers must notify new hires of a laundry list of information about their job and the company. For current employees, if any of these items change (for example, due to a promotion), you must give written notice. The Labor Commissioner had planned to have a template…

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Oct 21 2011
California

CALIFORNIA: Governor signs 2011 employment-related bills

Governor Jerry Brown recently signed into law a number of bills that affect the workplace. They all take effect on January 1, 2012. Employers cannot be required by the state of California or any city or county in California to participate in the federal E-Verify program (  Health insurance coverage for pregnant employees:SB 299). This…

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Aug 25 2011
California

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 final paycheck if the…

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Jul 22 2011
CaliforniaWage 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 opinion and asked the California…

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Jul 07 2011
California

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 there were no…

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Jun 15 2011
CaliforniaDisability

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. Since she was…

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May 20 2011
CaliforniaEmployee BenefitsIdaho

IDAHO: Governor bars state agencies from implementing health care reform

Idaho Governor C.L. “Butch” Otter recently issued an executive order prohibiting state agencies from receiving federal funding or otherwise taking steps to implement new programs or rules pursuant to federal healthcare reform law (Executive Order 2001-03, April 20, 2011). It also prohibits state agencies from assisting federal agencies in implementing the law. While the executive…

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Mar 14 2011
CaliforniaWage 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 by the court…

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Feb 18 2011
CaliforniaEmployee Benefits

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 California legislature,

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Nov 10 2010
CaliforniaWorkers’ 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 by…

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