Yesterday, HRWatchdog gave a brief summary of the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court, relating to meal and rest breaks.
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Tags: rest breaks, Brinker case, meal breaks, Restaurant Corp. v. Superior Court, HR Allen Consulting Services, HR Informant, California employers
Today is a big news day in the employment law world.
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Tags: Notice to Employee, wage theft protection act of 2011, HR Allen Consulting Services, HR Informant, DLSE, California Labor Commissioner, wage and employment notice
Today, the California Supreme Court finally released its long-awaited decision in the Brinker Restaurant Corp. v. Superior Court case. The Brinker case is extremely important to all California employers because it involves employers’ obligations relating to meal and rest breaks.
The most critical part of the unanimous ruling is that employers do not have to ensure that employees take their meal breaks, but must merely make them available. The court also provided flexibility to employers with regard to the timing of meal and rest breaks.
According to the court:
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Tags: rest breaks, Brinker case, meal breaks, Brinker, Brinker v Superior Court, ensure, provide, HR Allen Consulting Services
The National Labor Relations Act (NLRA) posting deadline of April 30 is looming. This deadline has not changed even though there is a court case pending that is seeking to strike down this posting requirement.
Employers must comply with the deadline unless the court rules otherwise. At this point, the court has not ruled and therefore the deadline stands.
Effective April 30, most private-sector employers must post the new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” Certain industries, such as agriculture, airlines and railroads, as well as some small businesses, are exempt from the NLRA notice requirement.
HR Allen is now selling a convenient all-in-one State and Federal Employment Notices poster with all federal notices for 2012, including the mandatory NLRA notice.
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Tags: NLRA poster, employee rights, national labor relations act, NLRA required poster, employees, HR Allen Consulting Services, Employers, NLRB
Hire the right freelancers and you’ll be able to complete projects on deadline and under budget. Hire the wrong freelancers and you’ll end up with a disaster, one that costs you time and money.
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Tags: HR Allen Consulting Services, Hiring, consultants, freelancers
The Equal Employment Opportunity Commission issued its final regulations relating to the Age Discrimination in Employment Act (ADEA) and an important defense available to employers under the ADEA.
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Tags: employees, HR Allen Consulting Services, Employers, EEOC, ADEA, Age Discrimination in Employment Act, reasonable factor other than age, RFOA
Independent contractors are a vital and growing source of strength in California’s economy, according to a new report co-sponsored by the California Foundation for Commerce and Education (CFCE).
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Tags: HR Allen Consulting Services, California employers, independent contractors, HR Allen, California Foundation for Commerce and Education
What happens when one of your employees fabricates a sexual harassment claim? A California appellate court recently ruled that an employee who fabricates a sexual harassment claim can be disciplined. Though certain circumstances may warrant disciplinary action, proceed with caution because such discipline could result in a retaliation claim. Joaquin v. City of Los Angeles, 202 Cal.App.4th 1207 (2012)
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Tags: employees, HR Allen Consulting Services, harassment, employee, harassment claim, false harassment claim, discipline
U.S. Citizenship and Immigration Services (USCIS) announced proposed revisions to the Form I-9. Employers must use the Form I-9 to verify the eligibility of employees to legally work in the United States.
The USCIS also made the draft of the revised Form I-9 available to interested parties and invited public comment.
The USCIS said key revisions to the form include:
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Tags: HR Allen Consulting Services, I9, I-9, employment verification, new I9, new I-9, proposed I9, proposed I-9
News of job interviewers demanding Facebook passwords from applicants caused a media storm. Top news outlets published numerous reports about job applicants being asked to give their Facebook passwords to hiring managers during job interviews so the potential employer could inspect personal profiles on the applicants’ Facebook pages.
California employers should think twice about engaging in this practice during the recruiting and hiring process.
As discussed in HR Allen’s social media white paper (sign in required), peeking at an applicant’s Facebook page could reveal information to the person conducting the interview that the person is prohibited from asking about, such as religious affiliation or sexual orientation.
What if the employer learns from the Facebook page that the applicant is pregnant? The employer now opens itself up to a discrimination lawsuit if the employer does not hire the applicant. The applicant may argue that the reason she was not hired was because the employer learned she was pregnant from her Facebook profile and discriminated against her. Further, an individual’s privacy rights under the California Constitutions may be violated.
Facebook Chief Privacy Officer Erin Egan issued a statement warning that Facebook may take action against employers who demand passwords. “We’ll take action to protect the privacy and security of our users, whether by engaging policymakers, or, where appropriate, by initiating legal action … ,” Egan said, citing concerns that the demands violate Facebook’s terms of service.
Two U.S. Senators asked the federal Equal Employment Opportunity Commission and the U.S. Department of Justice to investigate whether the practice of demanding passwords violates federal laws. See the full letter.
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Tags: Ask for Facebook password, Employee privacy, Employer Facebook password requests, Log into Facebook, Recruiting, Requiring applicants, Social media and recruiting, Social media recruiting, HR Allen Consulting Services, Hiring, HRCalifornia