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Tags: employer penalties, meal and rest break violations, overtime requirements, unpaid wages, HR Allen Consulting Services, HR Informant, wage theft, HRCalifornia
California’s Department of Industrial Relations (DIR) announced rate changes for the computer software employee exemption and the licensed physician or surgeon exemption.
The new rates take effect January 1, 2013.
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Tags: HR Allen Consulting Services, HR Informant, HRCalifornia, 2013 salary exemption rates, computer professional exemption, licensed physician and surgeon exemption
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
If you put gas in your car lately, you know about skyrocketing gas prices. In the past two weeks, gas prices nationwide rose nearly 20 cents according to the U.S. Energy Information Administration.
It’s worse in California, where gas prices spiked by more than 45 cents in two weeks, and more than 25 cents in the past week alone. The average price for all grades of gasoline in California has been pushed to $4.338 a gallon (week ending 2/27/12). Prices in California are expected to exceed all-time highs.
As employees face rising gas costs, employers may be hit with questions regarding reimbursement of business mileage expenses. Last summer, the IRS gave a mid-year increase to the mileage reimbursement rate — to 55.5 cents per mile from 51 cents per mile — because of rising gas prices. The IRS has not changed this rate in 2012, and 55.5 cents per mile remains the effective rate.
Under California Labor Code section 2802, employers must fully reimburse employees for all expenses actually and necessarily incurred. Many employers typically choose to use the IRS mileage reimbursement rate, but its use is optional. The Division of Labor Standards Enforcement has opined that the use of the IRS mileage rate will generally satisfy an employer’s obligation to reimburse for business related vehicle expenses, absent evidence to the contrary.
However, if an employee can show that the chosen mileage reimbursement rate, even the IRS rate, does not cover all actual expenses the employee has incurred, the employer must pay the difference. Business vehicle expenses do not include only gasoline, but also wear and tear (depreciation), repairs, oil, insurance and other costs.
Generally, the IRS rate will cover such expenses. But California employers should make certain those expenses are covered, especially if the employee drives a gas guzzler:
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Tags: Federal mileage rate, IRS 2012 mileage rate, IRS mileage, IRS mileage rate 2012, IRS mileage reimbursement rate, Mileage rate 2012 California, Mileage reimbursement, HR Allen Consulting Services, HRCalifornia
Earlier, We blogged about how employers and the California Department of Veterans Affairs (CalVet) are working together to educate eligible employees about the federal and state benefits available to military veterans.
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Tags: tax credit, veterans, federal tax credit, hire a hero, hiring veterans, state tax credit, employees, Employers, HRCalifornia, CalChamber
HR Allen Consulting Services is reminding employers that they must post a summary of job-related injuries and illnesses from 2011 at their place of business by February 1.
The California Department of Industrial Relations (DIR) requires employers to display the Cal/OSHA Log 300 Summary of Work-Related Injuries and Illnesses (Form 300A) from February 1 to April 30 for employee review.
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Tags: DIR, Department of Industrial Relations, Log 300, Log 300A, record keeping, HR Allen Consulting Services, HRCalifornia
As CalChamber members know, a new state law that took effect January 1, 2012, requires employers to provide nonexempt employees with a notice at the time of hire containing specified wage information.
Employers have had many questions regarding putting the new notice into practice and how to comply with the law. Employers sought guidance on several issues, including:
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Tags: employees, California, Employers, HRCalifornia, CalChamber, new hires, HRC, wage and employment notice, wage theft protection act