Employment Law Blogs
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As a California employer, you have a number of obligations with regard to paying your employees, including minimum wage and overtime requirements, wage statements, and payroll taxes. One additional obligation that you may encounter is a wage garnishment order, or wage assignment order. A wage garnishment order is an order which requires you to withhold a portion of an employee’s wages and send it directly to the person named in the order. There are many different reasons your employee’s wages may be garnished. An employee’s wages may be garnished if a creditor has successfully obtained a judgment against the employee
Most employers know by now that they must take steps to prevent and penalize harassment and discrimination based on race, gender, religious beliefs, disability, and other protected categories. But “anti-bullying” may sound like a concept that belongs in junior high or high school, and not in a business. Employment lawyers know (and often have to explain to their non-lawyer friends) that “hostile work environment” is a legal term of art referring to a subset of discrimination based on protected categories - not a catchall term that makes it illegal for a coworker or a boss to be a complete
Vendor Compliance and Joint Employer Liability: How to Make Sure Your Vendor’s Employees Don’t Become Yours Many employers choose to “outsource” a portion of their labor force to vendors, contractors, or staffing agencies. Vendor employees can include janitors, technicians, data entry clerks, and all manner of temporary workers. If your company contracts with vendors to provide any workers for your business, do not simply assume you have no responsibility for these workers’ wages and hours under the California Labor Code. Depending on the relationship between you and the vendor’s workers, you could be liable as a “joint employer” in a
The California Supreme Court’s landmark decision The California Supreme Court’s landmark decision in Dynamex Operations West v. Superior Court, 4 Cal. 5th 903 (2018) drastically limited the types of employees who could lawfully be independent contractors. Less than a year later, there have been real-world effects on industries like hairdressing, trucking, and…. Stripping. Yes, stripping. Many exotic dancers had been working as independent contractors rather than as employees. But last week, the Los Angeles Times reported that the Dynamex decision has removed strippers’ ability to choose whether they want to remain independent contractors. LA Times Story ABC Test Under
Complications for Employers of In-Home Caregivers More Contractor Complications: Duffey v. Tender Heart and In-Home Caregivers California law regarding independent contractors has been evolving rapidly ever since the California Supreme Court reversed decades of precedent last summer in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). This caused complications for employers of in-home caregivers. That case further restricted employers’ ability to classify hourly-paid, non-exempt workers as independent contractors. However, it was also intended to apply to those workers covered by the IWC Wage Orders, with their requirements for overtime, meal and rest breaks, etc. Duffey v. Tender Heart
California Employers Now Owe Reporting Time Pay for On-Call Shifts On February 4, 2019, the California Court of Appeal found that a retailer owed its employees for “on-call shifts” where they never came in to work. Irvine-based retail chain Tilly’s told their employees to call in two hours before a shift to find out if they were needed. The court in Ward v. Tilly’s, Inc., No. B280151, found Tilly’s owed reporting time pay for the time employees spent calling in. Tilly’s scheduled its employees for three types of “on-call” shifts: (1) Employees had scheduled regular shifts and on-call shifts