Blog

KNOW, THEN GO

California employers must abide by a spate of rules and tests governing independent contractor classification. California's strict"ABC" testconsiders all workers employees unless a company can establish that the worker (a) is free from its control and direction; (b) performs work outside the usual course of the company's business; and (c) operates as an independent business of the same nature as the work performed.

HANDBOOK HELPER EPISODE 42 WORK TIME OFF FOR VOTING

An employee whose scheduled shift does not permit time outside of work to vote in a public election may take up to two paid hours off to do so. The employee must give two days' advance notice and receive written supervisor approval.

CAUTIONARY TALE EPISODE 82 POULTRY PROCESSORS NAILED FOR CHILD LABOR VIOLATIONS $4.8 Million in Back Pay and Penalties

The Los Angeles federalcourt has approved a settlementrequiring several Southern California poultry processors to pay $221,919 in penalties and $4.8 million in back pay to 486 poultry workers. $1 million of the latter is profits earned off illegal child labor, as is $171,919 of the penalties.

SCORCH PREVENTION Protecting Workers from Heat Illness

With summer almost upon us, Cal/OSHA's May 6, 2024,news releasereminds employers to comply withheat illness prevention requirements.

HANDBOOK HELPER EPISODE 41 JURY AND WITNESS DUTY POLICIES

California employers of all sizes must provideprotected leaveto employees requiring time off to serve on juries or appear in court as a witness in compliance with a court order, subpoena, or other lawful means.

FREEING ENTERPRISE FTC Prohibits Employee Noncompetes

TheFederal Trade Commission(FTC) - empowered to protect the public from deceptive or unfair business practices - has issued anationwide rule prohibiting employer noncompete agreements(Rule).

COP SWAP CHOPPED? U.S. Supreme Court Rules Lateral Transfer Was Discriminatory

The U.S. Supreme Court ruling inMuldrow v. St. Louishas opened employers to discrimination charges for "lateral transfers" (moves from one part of operations to another) even without significant harm to the employee.

CAUTIONARY TALE EPISODE 81 SECOND CHANCE RESCUE Healthcare Giant Pays For Unlawfully Rescinding Job Offer Over Criminal History

The California Civil Rights Department (CRD) has obtained a $51,000 settlement from Octapharma Plasma for allegedly rescinding a job offer based on criminal history without considering significant mitigating factors and evidence of rehabilitation.

HANDBOOK HELPER EPISODE 40 Military Leave Policy Job Security for Up to Five Years

Californiaandfederal lawdirect employers of any size to provide leave to a worker called up to the reserves or National Guard and to hire the person back for up to five years of such ensuing service.