A California court recently rendered a positive decision for employers on an issue that has been unsettled for years. The issue centers on the “good faith personnel action defense.” Under this defense, an employee’s psychiatric injuries that are a result of an employer’s good faith personnel actions are not covered workers’ compensation injuries.
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Tags: workers compensation, workers comp, HR Allen Consulting Services, HR Informant
On March 6, the Labor Commissioner announced filing two lawsuits against three Los Angeles carwash businesses alleging multiple wage theft violations and seeking more than $2 million in unpaid wages, penalties and damages.
As HRWatchdog reported earlier this week, the state Labor Commissioner is making wage theft prevention a top priority.
“We will use every tool available to ensure employees pay their workers what is owed for the labor that is provided. Employers cannot be allowed to reap the benefit from the labor of their workers without providing them with at least the basic pay required by law,” said Labor Commissioner Julie A. Su.
And the Labor Commissioner has more tools available than ever before:
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Tags: nonexempt employees, meal period, rest period, violations, wage statement, HR Allen Consulting Services, Employers, HR Informant, wage theft, California Law
A California Court of Appeal sided with an employer in a recent lawsuit over unpaid overtime wages. Clarifying the definition of a commissioned inside salesperson, the court found that the employer properly classified the employees as exempt, and therefore owed the employees no overtime compensation. Muldrew v. Surrex Solutions Corp., 202 Cal.App.4th 1232 (2012)
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Tags: commission, inside sales, salesperson, outside sales, HR Allen Consulting Services, Commissions
Sacramento’ HR Allen Consulting Services looks to update and educate California employers and HR professionals on HR and employment law trends and topics
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Tags: Podcast, HR Podcast, blogtalkradio, HR Allen Consulting Services, HR Informant, HR Allen
Ever get the feeling your workers would rather be doing anything other than working? Do you have unusually high turnover? If the answer to either question is yes, it could be that you’re hiring the wrong people. But it could also very well beyou. In a small-business environment, there aren’t many (if any) other people to blame when there’s a management problem.
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Tags: Productivity, HR, performance review, employees, HR Allen Consulting Services, management
Two state entities are holding a series of public meetings across the state to gather comments about current workers’ compensation issues from employers and other stakeholders.
The open forum discussions are planned by the state Department of Industrial Relations (DIR) and the Division of Workers’ Compensation (DWC). DIR and DWC also seek suggestions for improvements.
DIR Director Christine Baker and DWC Administrative Director Rosa Moran will be among the speakers at the meetings.
Topics of discussion will include:
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Tags: DIR, workers' comp, DWC, workers' compensation, HR Allen Consulting Services
The online era arms small-business owners with myriad tools and information for finding and hiring employees. It can be tempting to scope out a potential employee’s social profiles, too. Yet using social media to dig up dirt on an applicant can lead to hiring mistakes and even legal trouble.
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Tags: Recruiting, LinkedIn, HR Allen Consulting Services, Hiring, facebook
The state Labor Commissioner announced the creation of a Criminal Investigation Unit (CIU) to target employers who perpetrate “wage theft.”
Generally, “wage theft” is a phrase used to refer to infractions of the California Labor Code involving the payment of wages to workers. Wage theft might refer to employers who fail to pay for all hours worked, fail to pay nonexempt employees overtime, fail to pay minimum wage or fail to properly classify workers as employees and report them to the various state and federal agencies.
According to Labor Commissioner Julie Su, the new criminal unit “will be tasked with leveling the playing field for California employers by raising the stakes for those who underpay, underbid and under-report in violation of the law.”
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Tags: employee rights, CA min wage, California labor board, California labor laws overtime, California overtime pay, employees rights, Equal pay for equal work, exempt employee, fair labor, nonexempt employee, overtime pay laws, Salary requirements, wage theft prevention, California Labor Code, HR Allen Consulting Services, unfair labor practices, wage and hour
HR Allen is asking employers and HR Professionals to tell us how will their company will address March Madness this year.
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Tags: Productivity, march madness, workplace, officepools, office pool, HR Allen Consulting Services
Today, a federal district court for the District of Columbia issued a decision in a lawsuit brought by the National Association of Manufacturers (NAM) challenging the new NLRA posting requirement. The court upheld the posting requirement, but struck down some of the enforcement provisions relating to the new rule.
As previously reported, the National Labor Relations Board (NLRB) decided to require most private-sector employers to post a new notice entitled "Employee Rights Under the National Labor Relations Act." NAM challenged the posting requirement on multiple legal grounds, including arguments that the posting requirement exceeded the NLRB’s authority under the NLRA and that the requirement violated employers’ First Amendment free speech rights.
In the first decision on this issue, the federal court issued a split decision upholding part of the new rule, while overturning other provisions. The court ruled that:
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Tags: NLRA poster, new NLRA poster, private sector employers, NLRB posting requirement, employees, HR Allen Consulting Services, Employers