Category Archives: Employment Law
The Equal Employment Opportunity Commission has added state-by-state records of the charges it received between 2009-2011 to its website. Interesting information. It is an interesting set of data, and worth reviewing. California produced roughly 7% of all charges the EEOC received each year. The state includes about 12% of the U.S. population. Presumably, that discrepancy can be attributed to the strength of the Fair Employment and Housing Act and other worker protection laws in California, although that’s purely conjecture without more data. Over 40% of the charges included retaliation, not much of a surprise given the strength of that theory in the courts. Enjoy!
A new law, effective immediately, now exists to protect employees who are misclassified as independent contractors. SB 459 imposes serious penalties on employers who misclassify workers to avoid paying employment taxes, workers’ compensation, and the like, when they are actually regular employees. Effective immediately, an employer who ‘willfully’ misclassifies its workers is: 1) subject to fines ranging from $5,000 to $25,000 for each violation; 2) barred from charging workers a fee or making any deductions from a worker’s compensation where such a fee or deduction would have been illegal if the person was classified as an employee; and 3) in certain circumstances, required to post, on its website or in another manner accessible to its employees and the general public, a … Continue reading
California Labor Code 226 requires employers to give workers wage statements with every paycheck. These statements must include several details, including gross and net pay amounts, hours worked, deductions, and information about the employer itself. Section 226(e) says that if an employer does not give its workers these statements, or gives them incorrect or incomplete statements, the employee can recover the greater of actual damages or $50 for the initial pay period and $100 for each violation in a subsequent pay period, up to a total penalty of $4000, in addition to costs and reasonable attorney fees. Last year, in Price v. Starbucks Corp. (2011) 192 Cal. App. 4th, 1136, the court held a worker is not injured just because one of … Continue reading
One of the most important areas of employment law over the last few years is known as family responsibilities discrimination. This focuses on the rights of an employee to take time off of work because she is pregnant, his spouse is pregnant, to care for a sick child, or care for an elderly parent, among other issues. The Equal Employment Opportunity Commission (EEOC) recently held a panel on this important area of employment law; a brief summary is available here. Contact us today if you have questions about your right to take time off to care for your family, or if you seek advise about what accommodations your employees are allowed to take.
In December 2011, the Department of Labor updated its factsheets about the Fair Labor Standards Act and the Family and Medical Leave Act. In short, the D.O.L. clarified its positions on retaliation under the FLSA, and protections for individuals under the FMLA. These are clear summaries of the law for both workers and management, please give them a look.