Online Exclusive: Checklist for Allowing Minor Employees to Drive August 2010 Federal and state law makes clear that minors cannot be employed for the sole purpose of driving a motor vehicle on highways or streets. . . . more Bulletin: Labor Commissioner obtains $3.9 million judgment against janitorial service August 2010 The Labor Commissioner has obtained a default judgment in a lawsuit to enforce Labor Code Section 2810. The law makes it illegal to . . . more Bulletin: DOL addresses compensation for donning and doffing August 2010 The question of whether time spent donning and doffing uniforms and protective equipment must be compensated continues to be a hot topic. In several recent cases, for example, courts have held that . . . more Bulletin: Online Exclusive: Checklist for Allowing Minor Employees to Drive August 2010 Federal and state law makes clear that you can't employ minors for the sole purpose of driving a motor vehicle on the highways or streets. But minors who are 17-years-old can . . . more Wage and Hour: State Supreme Court Expands Definition of 'Employer' Under Wage Laws; Could You Be Liable for Another Company's Workers? August 2010 The question of who is or isn't an employer seems pretty straightforward, but that hasn't always been the case when it comes to wage and hour laws. . . . more Discrimination: U.S. Supreme Court Finds Disparate Impact Claims Were Timely; Decision Could Generate More Lawsuits Against Employers August 2010 Title VII of the Civil Rights Act of 1964 provides employers some protection by requiring employees bringing certain kinds of discriminations claims to file charges within a specific time limit. However, a recent U.S. Supreme Court ruling could extend the period of time that employers are vulnerable to disparate impact claims. . . . more Child Labor: DOL Releases Final Child Labor Regulations; Are You in Compliance with State and Federal Laws on Minor Workers? August 2010 Employers have long relied on workers under the age of 18 to keep their businesses up and running. While minor workers often provide numerous benefits, they're also subject to a wide variety of restrictions and prohibitions. . . . more ERISA: Transfer to Lesser Job Entitles Employee to Severance Benefits; How to Avoid the Employer's Missteps August 2010 When you hear a reference to "ERISA" (the federal Employee Retirement Income Security Act), it typically brings to mind employee retirement and insurance plans. But, as one employer was reminded by the Ninth Circuit Court of Appeals, which includes California, it also applies to severance plans. This means you need to be careful when denying benefits under severance plans or risk costly federal litigation and reversal by a court. . . . more Legislation: The Potential New Laws That California Employers Need to Know About August 2010 When it comes to new employment legislation, it's best to take the Boy Scouts' advice and be prepared. Here are some summaries of significant legislation pending in Sacramento that could affect you, your employees, and your bottom line. . . . more Compensation: Nonexempt Employees File Wage and Hour Class Action Against Bank; Tips for Preventing Similar Claims August 2010 California employees of Bank of America (BofA), one of the nation's largest employers, have joined forces with colleagues from across the country to sue the bank for violations of the Fair Labor Standards Act (FLSA) and similar laws in California and other states. The lawsuit is a strong reminder for employers that there's a lot more to complying with wage and hour laws than just paying nonexempt workers minimum wage and overtime. . . . more Featured Resource: Sample Lactation Accommodation Policy August 2010 In 2002, California became one of the first states to mandate lactation breaks for breastfeeding employees. Under Section 1030 of the state Labor Code, all employers must provide a reasonable amount of time to employees who wish to express breast milk for their infant children. . . . more Online Exclusive: Checklist for Unpaid Internship Programs July 2010 Internship programs can provide advantages for both employers and interns, but many internships risk running afoul of state and federal laws. Employers can end up on the hook for significant amounts in unpaid wages, employment taxes, and penalties. To avoid these unintended consequences, make sure your program: . . . more Bulletin: U.S. Supreme Court decides text message case July 2010 The U.S. Supreme Court has issued its decision in City of Ontario v. Quon. The police department in the California city had reviewed its officers' pager usage after several officers exceeded their allotted monthly limits, resulting in . . . more Bulletin: California Supreme Court to review mixed-motive bias case July 2010 The April issue of CEA covered the California Court of Appeals' decision in Harris v. City of Santa Monica. The court ruled that if there is both a legally permissible reason and an . . . more Wage and Hour: DOL and DLSE Release New Rules for Internship Programs; Do Your Programs Comply? July 2010 With budget concerns continuing to haunt many employers, it's not surprising that unpaid internship programs have been gaining in popularity. . . . more Discrimination: Proselytizing in the Workplace Leads to Religious Discrimination Lawsuit; Tips to Prevent Bias Claims July 2010 Questions about religion in the workplace have increased as the number of religiously diverse applicants and employees has climbed. Complaints related to religion can put employers on a tightrope, especially when the complaints involve proselytizing in the workplace. . . . more Immigration: Restaurant Indicted for Hiring Unauthorized Workers; How to Properly Handle No-Match Letters July 2010 The French Gourmet, Inc.--a San Diego restaurant, bakery, and catering business--grabbed headlines across the state recently after federal prosecutors accused the business of hiring unauthorized employees. . . . more Regulations: DOL Announces New Regulatory Agenda; Employers Could Shoulder a Substantially Heavier Compliance Burden The U.S. Department of Labor (DOL) announced its "Spring Regulatory Agenda" in April, unveiling a new regulatory and enforcement strategy for compliance that will place the onus on employers to "find and fix" violations before DOL investigators arrive at the workplace. . . . more Workers' Compensation: Supermarket Chain Pays $550,000 for Discouraging Claims; How to Avoid a Similar Fate July 2010 The California Labor Code requires employers to provide workers' compensation coverage to their employees and to pay for benefits if an employee becomes injured or ill because of work. . . . more Wage and Hour: When Are You Required to Pay Employees for Training Time? July 2010 Many employers offer their workers training opportunities, and many require their employees to attend such programs. The problem is that some of these employers mistakenly neglect to treat the time spent at training programs as "hours worked." In reality, though, required training for nonexempt employees is generally compensable time. . . . more Featured Resource: Best Practices for Avoiding Religious Discrimination Claims July 2010 Adopting the following measures can help you prevent and defend against religious discrimination and harassment claims brought under Title VII of the federal Civil Rights Act of 1964 and the California Fair Employment Practices and Housing Act: . . . more Bulletin: Online Exclusive: Checklist for Unpaid Internship Programs July 2010 Internship programs can provide advantages for both employers and interns, but many internships risk running afoul of federal and state minimum wage laws. Employers could end up on the hook for . . . more Online Exclusive: Sample Background Check Release and Authorization June 2010 The benefits of conducting background checks on job applicants are obvious, but the checks can backfire on employers that don't follow the rules. For starters, you must obtain the applicant's written permission to perform a background check in California. CEA Online subscribers can access a sample release and authorization form in this month's Online Exclusive. . . . more Bulletin: U.S. Supreme Court to review employer's liability in federal discrimination case June 2010 The U.S. Supreme Court has agreed to hear arguments in Staub v. Proctor Hospital to determine whether an employer can be held liable for discrimination when biased officials caused or influenced . . . more Bulletin: Special Report included with this issue: Independent Contractors June 2010 With federal agencies intensifying their efforts to crack down on the misclassification of workers as independent contractors, the proper classification of your workers is . . . more Bulletin: Online Exclusive: Sample Background Check Release and Authorization June 2010 The benefits of conducting background checks on job applicants are obvious, but the checks can backfire on employers that don't follow the rules. For starters, you must . . . more Benefits: New Healthcare Law Targets Employee Benefits; What the Patient Protection and Affordability Act Means for You and Your Employees June 2010 The signing of the healthcare reform package in March represents the most significant changes in employee benefits law in decades. . . . more Hiring: Teens Jump into the Applicant Pool; What You Need to Know About Hiring Young Workers This Summer June 2010 Young workers can bring enthusiasm, energy, and new ideas to the workplace, and many talented teenagers are eager to find summer jobs. But when hiring workers who are minors, you must be aware of important legal and safety considerations. . . . more Background Checks: 8 Smart Practices for Screening Job Candidates June 2010 A recent lawsuit by a job applicant who was a registered sex offender highlights employers' need to know how to investigate prospective employees without violating the law. Read on to learn how you can ensure that your background checks are both thorough and legal. . . . more Discrimination: Study Finds Unintentional Discrimination Is on the Rise; How to Prevent Mistakes from Becoming Bias Claims June 2010 A new study sheds light on the evolving nature of discrimination claims in California--and on some steps you should take to avoid being sued. The UCLA Law/RAND Center for Law and Public Policy study was designed to determine how well California's laws against employment discrimination are working, with an emphasis on the state Fair Employment and Housing Act (FEHA). . . . more More