Read the latest news from The Scali Law Firm, including legal alerts and event listings.
The California Wage Orders regulate many of the wage/hour obligations that employers deal with every day, including overtime pay, exemptions, meal/rest breaks, minimum wage, reporting time pay and alternative workweek schedules, to name just a few. There are different wage orders that cover different industries/occupations, although there is substantial overlap in the provisions of most wage orders. Car dealerships are generally covered by Wage Order 7 (Mercantile Industry). With the ongoing increases in the California minimum wage, the Industrial Welfare Commission has issued an amendment to the existing Wage Orders that updates the provisions involving the minimum wage rate.
In Featherstone v. Southern California Permanente Medical Group, a California Court of Appeal maintained the boundary that was created when an employee became a former employee. In that case, the plaintiff/employee took some time off from work for a medical condition, and not long after returning to work, she informed her supervisor over the phone that she was resigning her employment. A few days later, she confirmed her resignation in an email to her supervisor. The employer then promptly processed the employer’s resignation and issued her final pay. Days later, the employee requested to rescind her resignation, stating that at the time she resigned, she was on medication for her condition that altered her mental state and caused her to resign. The employer declined her request to rescind the resignation. The employee then sued for disability discrimination under the Fair Employment and Housing Act, as well as wrongful termination in violation of public policy.
Progressive discipline policies are preferred by many employers as a method to ensure fair and consistent administration of disciplinary action and more predictability for employees. However, employment plaintiffs love to use these policies against employers to deflect attention from their bogus claims onto an employer’s supposed shoddy practices. Here are a few tips to limit the extent an employment plaintiff can try to use these progressive discipline policies against you.
On May 2, 2017, the California Department of Fair Employment and Housing announced the release of an updated brochure addressing sexual harassment (Form DFEH-185). Under Government Code 12950(b), employers must distribute this brochure to all employees, or distribute its own written policy that contains, at a minimum, provisions on the following...
In Coffee Break episode 28, Chris and Jennifer discuss what does—and does not—belong in an employee's personnel file.
Don't miss this month's feature article in F&I and Showroom—Playing With Fire: Two attorneys issue a warning about a new sales trick circulating through the industry—by The Scali Law Firm's Christian Scali and Monica Baumann. Their advice: If it seems too good to be true, it probably is.
In Coffee Break episode 27, Chris and Jennifer review the often overlooked "interactive process" through which employers must engage their disabled employees.
Have you heard the new one? A sales trainer is suggesting a new sales tactic that leads to salespeople regularly selling vehicles for more than the advertised price. The practice essentially invites customers to pay an additional amount above the advertised price as a tip for excellent service or for getting an exceptional deal. Sounds too good to be true? That’s because it probably is.
Two bills are currently being considered in the state legislature that enhance protections for employees related to baby bonding leave and anti-discrimination law regarding use of reproductive services. Both of these proposed laws are still being worked and amended, and it will probably be months before their final disposition is known. However, they reflect the increased attention by lawmakers to employee issues related to child rearing and pregnancy, and that trend is likely to continue.
Under California Labor Code section 226(a), employers are required to provide an itemized statement semi-monthly or at the time of each payment of wages. In Blair v. Dole Food Co., a California Court of Appeal recently addressed a complaint brought by an exempt, salaried employee who alleged that her former employer, Dole Food Co., was in violation by: 1) failing properly to identify employees on their wage statements, and 2) failing to identify an accurate hourly pay rate for exempt employees when those employees were paid accrued vacation wages.