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Category: Employment Law
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New federal law makes it easier to sue companies for misclassification
The federal government recently implemented a new final rule for worker misclassification that might make it easier for truck drivers classified as independent contractors to sue the businesses that hired them. What is employee misclassification? Employee misclassification occurs when a company has a worker fill out paperwork as though they were an independent contractor when…
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Senate Bill 616 – Are you compliant with the new sick leave laws?
What is Senate Bill 616? When it became law, Senate Bill 616 amended the Healthy Workplaces, Healthy Families Act of 2014 in California, specifically in how paid sick days are granted to employees. By the 120th day of employment, new employees must receive at least 24 hours of paid sick leave or PTO. By day…
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California continues to stamp out non-competes: SB 699 and AB 1076
What is Senate Bill 699? California is expanding its longstanding prohibition on noncompete agreements in 2024. Effective Jan. 1, 2024, Senate Bill 699 prohibits employers from entering into noncompete agreements regardless of where and when the agreement was signed. AB 1076 creates a new notice requirement for employers. In other words, even if an employee—current…
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3 times workers could try to pursue a claim over unpaid wages
Employers in California must carefully abide by both federal and state wage rules. Federal rules include requirements to maintain certain payroll records even after someone leaves a company, as well as minimum pay standards and overtime pay requirements. Several California laws expand on those federal rules, meaning that business is operating in California may be…
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What should you include in an employment agreement?
As a business owner, you want to ensure that your employees are well taken care of and that everyone is on the same page regarding their job responsibilities. To ensure this, creating an employment agreement is crucial. An employment agreement outlines the terms of the employee’s role and rights, such as duties and wages. It should…
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2 important considerations regarding background checks when hiring
Hiring new drivers means accepting a certain degree of risk and potential liability, as any new employee could make major mistakes on the job. Some people have a history of making mistakes that could impact their reliability or overall safety at the wheel. A proper background check is crucial to making informed choices about whom…
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2 causes of unpaid overtime claims
As an employer and business owner, you must follow federal and state employment laws. By failing to comply with these laws, your business could face many legal and financial repercussions. For example, your employees likely have the right to overtime pay, which increases to one and one-half of what you already pay them. You likely don’t…
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Do you need a reason to terminate an employee?
If you inform one of your employees that you are firing them and the following day will be their final one with the company, they may be frustrated. They may claim that you need to have a reason or that you need to give them advance warning. But is any of this true? California is…
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California’s pay transparency law took effect Jan. 1
Being a responsible California employer means keeping up with a steady stream of new laws – most enacted to protect the rights of employees. By staying in compliance with these laws, you can help protect your business from costly and time-consuming litigation. An important new law took effect Jan. 1 of the new year. It…
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Protecting your company against a claim of age discrimination
After looking at your employees, you made the decision to let some of them go. You probably did not even think of this, but the age span of every worker laid off was a broad one. Some were in their thirties and one or two were in their fifties and sixties. You are reading a…
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Non-solicitation agreements can protect your client list
It could take years of networking and relationship-building to create a client list that never fails you. You have a roster of businesses or individuals that want the services or goods that your company has to provide, and these same clients have consistently patronized your business for years. It is only natural to want to…
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3 serious concerns related to worker misclassification claims
Your business has a lot of operating costs that it cannot control and others that it can take special steps to minimize. Employment costs are one of the biggest regular expenses your organization has to cover, and there are numerous ways that you might reduce those expenses. Classifying some employees as independent contractors might seem…
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Protecting a growing business from employee harassment claims
As your company grows, you will need more workers to meet the demand for the services or goods you provide. Increasing demand will eventually mean that you need to hire more workers. Each of those new employees will increase the chances of conflict among your staff members. When you only have a few employees, you…
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Do you have to pay truck drivers overtime?
General overtime pay for most employees is time and a half. An employee who is making $20 an hour would begin making $30 an hour for overtime, for instance. In California, that starts after the eighth hour of work in a day or the fortieth hour of work in a week. Under federal law, it…
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Can you prevent your employees from internally recruiting?
Each new skilled worker that you add to your team will help grow your company’s operations. Unfortunately, when they decide to part ways with your business, their actions could cause significant financial issues for the company. Former employees can become your worst competitors and can do real harm to your company’s operations. A former worker…
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Can you tell employees they have to give notice before they quit?
For years, employees who wanted to quit working at your company have given you two weeks’ notice. However, you just had someone walk off the job with no notice whatsoever, and it really created a lot of problems for the business. As a result, you informed the rest of the employees that everyone would need…
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Simple oversights could lead to tip pool violations
Tip pools are not allowed in all states, but they are in California. An employer can choose to use a tip pool and make all the employees combine their tips at the end of the night. The tips are then split evenly between those employees. As a business owner, you may be interested in using…
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3 ways businesses open themselves up to unpaid overtime claims
As a California employer, one of your first and most important responsibilities is to comply with not just federal employment laws but also California employment laws. Many of those laws will have financial implications for your business. The right to overtime wages, for example, can drastically increase what it costs for you to staff your…
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When is employee fault grounds for denying a workers’ comp claim?
Employers generally have responsibilities when a worker gets hurt on the job in California. Whether you self-insure or pay for an outside policy, workers’ compensation in California is a no-fault program. It doesn’t matter who is to blame for the incident that causes a work injury. The workers typically get benefits regardless of fault. They…
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When do you have to allow workers to take unpaid leave?
Companies operating in California need to comply with federal laws, as well as more demanding California state employment laws. Federal employment laws extend certain rights to your workers, and sometimes California passes laws that expand on those rights. The Family and Medical Leave Act (FMLA) establishes federal rules that allow workers to take unpaid leave.…