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Cal-OSHA: Requirements & Risks
GINA Overview: The Genetic Information Nondisclosure Act (GINA) makes it unlawful to refuse to hire, discharge, or otherwise discriminate against or harass an employee because of genetic information, bars employers from acquiring genetic information except in certain narrow circumstances, and ...
ReadOn-call Pay for Nonexempt Employees
Do you have nonexempt employees that are on-call? Are you paying them for their on-call time? Should you be paying them for their on-call time? This is a complex and confusing area of wage and hour law. The basic standard for determining compensability for on-call time has to do with the control ...
ReadThe Inside Sales Exemption
Drugs, Alcohol and the ADA
When is an employee with an alcohol or drug problem protected under the Americans with Disabilities Act? The 7th Circuit Court of Appeals recently addressed this issue. A police chief rear-ended a car on his way home after he had consumed at least four glasses of wine. His blood alcohol level ...
ReadUNPAID INTERNS IN CALIFORNIA
Pregnancy Disability Leave
I continually get questions regarding Pregnancy Disability Leave (PDL) in California so here is a general overview of the regulations. Any employer with 5 or more employees must offer PDL. There is no length of service requirement so employees become eligible at their date of hire. The maximum ...
ReadAn Unemployment Insurance Primer
The EDD does not question the employerâ??s right to discharge an employee, or the employeeâ??s right to quit. The EDD is looking beyond that question to whether or not the circumstances of the separation fit the requirements of the UI code. The wording of separation documents is critical. There ...
ReadExempt Employee Classification Traps
Wage and hour litigation seems to growing into a big business for employees and their attorneys; especially, if they can smell a class action potential. All employers can take steps to avoid getting themselves into these types of lawsuits by paying careful attention to the law. Here is the basic ...
ReadThe ADA and Reasonable Accommodation
Both the federal Americans with Disabilities Act and the California Fair Employment and Housing Act require employers to provide an employee with a disability a reasonable accommodation. This means a modification or adjustment to the workplace that enables the employee to perform the essential ...
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