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PRIVATE OR SOCIAL?

California lawprohibits employer access to the personal social media accounts of its employees. “Social media” is defined as “an electronic service or account, or electronic content, including, but not limited to, videos, still photographs, blogs, video blogs, podcasts, instant and text messages, email, online services or accounts, or Internet Web site profiles or locations.”

DRESS FOR SUCCESS

A well-written dress code and personal appearances policy clearly instructs employees on what type of business attire the company finds appropriate. Depending on the nature of the business enterprise or industry, employers may require employees to wear formal business attire every day. Some implement a more casual dress code on Fridays only, and others may allow business casual at all times.

WHEN IMAGE IS THE THING

UnderCalifornia Labor Code section 452,employers may require workers to wear uniforms of a specified color, quality, texture, style and form so long as the employer provides and maintains them. See,Dress to Impress(July, 2011).

PAST PAY IS PASSÉ

Intended to eliminate traditional disparities in pay levels for the same or similar work, new CaliforniaLabor Code section 432.3prohibits employers from seeking an applicant’s salary history. See,What’s New 2018 – Salary History(December 2017). On the other hand, such employers must disclose a job position’s “pay scale” upon the applicant’s “reasonable request.”

PART-TIMERS IN CALIFORNIA

Hiring workers for shortened hours or for fewer days weekly does not absolve an employer from complying with the full range of workplace legal requirements. In fact, greater attention may be required with part-time employees to avoid the wage and hour pitfalls.

KNOWLEDGE IS POWER

California employers must conspicuously display required labor posters or notices where all employees may view them in each company location. The posters cover a broad array of topics including minimum wage requirements, safety and health requirements, workers’ compensation information, and whistleblowing protection.

PLEASE STANDBY

Some employers require workers to remain “on-call” or on “standby” outside scheduled hours, either at the worksite or off the premises. Depending on the circumstances,a company may be required to pay an hourly employeefor on-call time, including all resultant overtime at the correct overtime rate. SeeThe Basics of Overtime;Calculating Overtime with Employee Bonuses in California.

WAKE UP CALL

The U.S.Equal Employment Opportunity Commission(EEOC) hasannouncedcourt approval of a $3.5 million payment to resolve a sexual harassment lawsuit against Irvine, California employer Alorica, Inc., a call center and technology services business. The government alleged the company had condoned repeated, long-term sexual harassment of both male and female customer service employees despite repeated worker complaints.

CALIFORNIA PAID FAMILY LEAVE OVERVIEW

Employers are sometimes uncertain how to properly respond to an employee’s request for Paid FamilyLeavebecause the name is somewhat misleading. Someunpaid“leaves of absence” (for example for medical conditions or family emergencies) are legally “protected,” meaning the employer must accept the eligible employee back to the same (or comparable) job position at the same (or comparable) pay rate. See, e.g.,California “New Parent Leave Act” Impacts Small Business(December, 2017).