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Employment Law

Are we allowed to require overtime?

01/28/2011
Q. Right now, we don’t want to hire anyone permanently and think it would be more cost effective to require our employees to work overtime instead. Can we force employees to work overtime?

The postponed Medicare reporting requirement: what you need to know

01/28/2011
The Centers for Medicare and Medicaid Services recently postponed until next year a requirement that certain partially self-insured employers must report any one-time or lump-sum payments to persons entitled to Medicare benefits. The requirement was to have applied to payments made in connection with settlements, judgments or awards involving the release of potential liability for medical expenses.

SoCal fashion company owes $887K in unpaid wages, overtime

01/28/2011
Orange County’s Laundry Room Clothing had a hard time making payroll during the depths of the Great Recession. Now the men’s fashion manufacturer must make amends big time to the employees it stiffed.

Paid organ and marrow donor leave law now in effect

01/28/2011
As of Jan. 1, California employers with 15 or more employees must provide up to 30 days of paid leave to employees making organ donations, and up to five days of paid leave to employees who donate bone marrow.

Study: Paid family leave hasn’t burdened business

01/28/2011
The California Paid Family Leave Law that went into effect in 2004 hasn’t increased employer costs or hurt productivity as critics once predicted, according to a new study.

No litigating related claims in separate venues

01/28/2011
The Court of Appeal of California has ruled that employees can’t pursue related claims in different forums at the same time.

No separate notice for nonmembers required for midyear union dues assessment

01/28/2011
What happens if a union passes a dues increase in the middle of the year—perhaps in an election year? Can the union collect the increased amount and then adjust it at the beginning of the next year? According to the 9th Circuit Court of Appeals, that’s exactly the way to handle the increase.

Union wants nonmember employee names? Send opt-out forms so employees can choose

01/28/2011

When a union asks an employer for the names and contact information of employees who do not belong to the union, employers must first inform the employees of the request and give them an opportunity to object, according to a recent California Court of Appeal decision.

When contracting with temp or payroll services, make sure it’s clear who the real employer is

01/28/2011

Sometimes, it’s possible for an employee to have two employers. That’s often the case when a temporary service provides workers for a client, and both the temp company and the client exercise significant control over how and when the work is performed. But now there’s a new wrinkle.

New state law gives leeway on some meal, rest breaks

01/28/2011
The rules for meal and rest breaks just got a little more flexible for some California employers, following enactment of a new state law that exempts some construction workers, commercial drivers, security guards and utility workers from the state’s usual break requirements.