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¿Hablas español? “English-Only” Rules

By Laurie Nooren, SHRM-CP, PHR, PHRca The California Department of Fair Employment and Housing (DFEH) recently awarded $90,000 (in addition to a severance package) to three Latino workers,  who filed a discrimination case against Forever 21 Retail, Inc. for...

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Retirement Plan Check-Up

By Beth Harrington, President, Benefit Resources, Inc. If you sponsor a retirement plan, then you have a lot of responsibilities.  Beyond making contributions every pay period, the fourth quarter of each plan year brings additional requirements.  Benefit Resources,...

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Overtime Pay Isn’t What You May Think

Early in my career I worked in a service business where payroll costs could make or break the company. Sales were up? Raise payroll a bit. Sales down? Cut payroll immediately.  It was a weekly up and down and hard on everyone.  And Overtime – You’ve got to be kidding...

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Further Guidance on National Origin Discrimination

The CA Fair Employment & Housing Council (FEHC) recently issued further clarification for employers on how national origin will be defined.  The new FEHC Regulations elaborate on the protections of applicants and employees who may be undocumented or be members of...

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Rounding Timekeeping Entries Makes the Cut in CA – Barely

Last week, the California Court of Appeal allowed that an employer may round time entries to the nearest quarter hour for timekeeping and payroll calculations.  In the case AHMC Healthcare, Inc. v. Superior Court the employer has a policy that rounds employees’ time...

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Independent Contractors are Fading into the CA Sunset

By Kim Silvers, SPHR, PHRca, SHRM-SCP The California Supreme Court recently ruled in the Dynamex Operations West, Inc. v. Superior Court that the Company’s independent contractor drivers were employees under a new definition.  Dynamex is a nationwide package and...

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New Test for Unpaid Interns – Whew!

Are you considering hiring an intern this summer?  Good news!  The US Department of Labor (DOL) has issued new factors to determine if an intern may be unpaid and not considered an employee under the Fair Labor Standards Act.  This is after several federal courts...

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ETP: Training funds available from the State of California

By: Michael Snead Each year, a State of California agency called the Employment Training Panel or “ETP,” awards up to $100 million dollars to California-based companies to reimburse costs of job skills training.  In July, this amount will grow to $110 million.  ETP...

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What’s in the Water Around Here?

By: Helen Horyza About a month ago, Tom returned to work at a mid-sized engineering firm after a five-year period of retirement. He was bored and missed the challenges of work. He came back on a Tuesday and a management meeting was underway. He expected things to run...

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Department of Labor Exempt Salary Ruling Struck Down

By Susan Breslauer, SPHR-CA, SHRM-SCP  Employers breathed a sigh of relief at the recent court ruling that the Department of Justice overstepped its bounds last year in raising the minimum salary for certain exempt employees to $913/week ($47,476 per year).  This is...

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Employment Bills Awaiting the Governor’s Signature

Kim Silvers, SPHR- CA, SHRM-SCP As the triple digit temperatures fade in Sacramento, the state legislature wraps up its bills for the Governor’s signature or veto. We watch the employment related bills closely throughout the year and call our state Senator and...

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A Day of Rest is Clarified –

By Kim Silvers, SPHR-CA, SHRM-SCP California employers who have employees working beyond a regular five-day schedule will be happy to see the California Supreme Court’s recent ruling in Mendoza v. Nordstrom.  Although Nordstrom may have felt like it...

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