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GENDER DESIGNATIONS IN THE WORKPLACE

California lawprohibits discrimination against employees for their membership in any protected class. This includesgender identity, defined as “each person’s internal understanding of their gender, or the perception of a person’s gender identity, which may include male, female, a combination of male and female, neither male nor female, a gender different from the person’s sex assigned at birth, or transgender.”

JOB INTERVIEW ERRORS TO AVOID

According to a nationwideCareerBuilder Surveyreleased February 22, 2018, “around half of employers (49 percent) know within the first five minutes of an interview if a candidate is a good or bad fit for a position, and only 8 percent make up their mind [after] a half hour or longer.”

REQUIRED MEAL PERIODS AND REST BREAKS REVISITED

California employers must provide every not-exempt-from-overtime employee unpaid meal and paid rest breaks based on the number of hours that employee works in a given day. However, the rules vary for such workers as specified in the 17Industrial Welfare Commission (IWC) Wage Orderscovering in different industries and occupations.

SAFE HARBOR OR SHIPWRECK? PART 2

Last week’s blog,Safe Harbor or Shipwreck?, detailed the U.S. Department of Labor’s (DOL) imminent PAID program (Payroll Audit Independent Determination). The program permits employers to audit their own records for wage compliance violations and to correct those violations in cooperation with the DOL, without incurring penalties.

WHY JOB DESCRIPTIONS MATTER

Employers can easily overlook the importance of job descriptions, starting as part of the hiring process. No law requires them and no explicit guidelines or instructions exist for writing them. However, properly written and updated job descriptions can be an important tool to help management and employees fully understand the nature of each company position and how each ties in with the company’s organizational structure.

SAFE HARBOR OR SHIPWRECK?

The U.S. Department of Labor (DOL) has announced the imminent launch of thePAIDprogram – Payroll Audit Independent Determination. Theprogram’s intentis to permit employers to self-audit and correct as appropriate their minimum wage and overtime practices, thus avoiding federal government investigation, litigation, fines and penalties.

THE NEED FOR WRITTEN EMPLOYMENT AGREEMENTS

Most workers are employed “at-will,” meaning either the employer or employee may end the work relationship at any time for any lawful reason without cause or advance notice. California law generally presumes an employee is employed at-will unless the employee can prove otherwise, such as a manager’s contrary verbal or written statement that the worker was guaranteed employment for some definite period, e.g., a year, 18 months, etc.

DO THE MATH

Often California employers reward employees with bonuses without realizing the proper way to calculate overtime when doing so. This can put an employer at substantial risk if miscalculated over significant time for a large number of workers.

CAUTIONARY TALES EPISODE NINE

The Labor Commissioner’slatest press releaseannounced citations of $8.3 million against Camp Bootcamp, Inc., dba Camp Transformation Center, which operates 15 fitness and weight loss centers from its Chino headquarters.