NEW PAY TRANSPARENCY LAW There is another new law in California effective January 1, 2023 – the wage transparency law under Labor Code 432.3, which requires employers of 15 or more employees to include the pay scale in job postings, and for all employers to provide this information upon request....
Cannabis in the Workplace Effect January 1, 2024, California employers cannot “discriminate” against employees based on the employee’s use of cannabis off-the-clock and away from the workplace. While off-duty use of cannabis is legally protected, the new law does allow employers to fire or suspend workers for possessing, using, or...
IS YOUR SETTLEMENT GOING TO PROTECT YOU AGAINST SUBSEQUENT CLAIMS? YOUR JOINT EMPLOYER, STAFFING COMPANY, PAYROLL COMPANY, PEO OR OTHER VENDOR/PARTNERS MAY BE SUBJECT TO CLAIMS AND THEN YOU MAY LATER BE FIGHTING INDEMNITY AND BREACH OF CONTRACT CLAIMS FROM THEM Scenario: an employer settles claims by an employee. The...
INDEPENDENT CONTRACTORS VS EMPLOYEES - UPDATE The Fair Labor Standards Act (“FLSA”) addresses the misclassification of employees (“Eees”) as independent contractors (“ICs”). There has been a lot of litigation and attorneys fees expended in companies’ misclassifying employees. The U.S. Department of Labor (“DOL”) recently stated that it will revisit the...
EMPLOYEE BACKGROUND CHECKS Background checks are an essential part of the hiring process and can help employers make better hiring decisions by uncovering valuable information about a candidate’s work experience, however employers need to be mindful of the rules surrounding them. Background checks are governed by The Fair Credit Reporting...
EMPLOYERS HAVE MORE INCENTIVE TO GET IT RIGHT In the case of Naranjo v. Spectrum Security Services, Inc., the California Supreme Court just gave employers more incentive to ensure their employee compensation policies and practices, and employee paystubs are accurate and contain all of the required information. In California, employers...
FMLA LEAVES – Get Your Files In Order for DOL Audits We last gave you some Dos and Don’ts regarding leaves. Now, we update that the Department of Labor (“DOL”) is increasing Family and Medical Leave Act (“FMLA”) audits and investigations, so employers are well advised to get FMLA policies...
FMLA LEAVES – Dos and Don’ts Employer Family and Medical Leave Act (“FMLA”) mistakes often result in employee lawsuits. Here are some Dos: •Ensure absent employees promptly notify (1) a designated company manager of their absence, usually the employee’s manager; and (2) a designated company person, whether in-house or...
Time For HR Audit Did you know that Epps & Coulson, LLP offers a general counsel program that includes an HR audit? See www.companiescounsel.com. If you have not updated your HR policies, practices, and employee handbook lately, employers should do so now. There have been a lot of new laws...
Employers: FMLA Audits Planned by DOL The Department of Labor (DOL) stated that it would increase Family and Medical Leave Act (“FMLA”) and wage and hour audits of employers. Of particular attention are employers in the warehouse and logistics industries. Employers should prepare now, as a FMLA violation often leads...