gillian2
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At will, non-union has nothing to do with it. The rules are listed in Labor Code 226 and you are correct. Check stubs, or a separate statement, must show gross wages, total hours worked, piece work units, all deductions, pay period, name and ss# o…
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Your question is contradictory. An independent contractor is not someone that is hired and they are not an employee. If you want someone to do work for you on a regular basis make them an employee because if you make them an independent contractor…
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Better check any applicable state laws as well. FLSA isn't the only game in town in some states.
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My post was a response to Pork's commentary about California - his #10 post. Mine ended up out of order somehow - I can't account for what computers do - they are beyond me.
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We are here for the amusement of those less fortunate!
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Nope. Not on your life.
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I think that it goes by his residence and where he pays taxes and you pay payroll taxes. He just happens to work in California occasionally - that doesn't make him a California employee.
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Ditto to cebudragonlady - if you don't pay immediately and get a wage claim filed against you, you will pay the vacation pay plus one day of pay for each day that you are late - up to 30 days - and interest as well. Your company policy won't cover …
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Yes, California allows flexible work weeks in order to avoid the requirement to pay overtime over 8 hours per day. Putting one into place requires a written proposal to the employees, a meeting to discuss the pro's and con's, a wait of two weeks wh…
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Further, there is a penalty of one hour straight time pay for each day that an employee does not get their lunch or break times. If they are having a staff meeting during lunch they are working and not having a real lunch, at least as Ca. sees it.
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I,too, think that the attorney who gave the advice at lunch must have just eaten something which created a bit too much gas. Generally, time cards for exempt personnel are not a good idea, however, there is one common exception. Those companies wh…
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You sould stick with vacation, not PTO, unless PTO is what you have. As we in California know, unused vacation must be paid to employees when they leave. If you combine vacation, holidays and sick into a PTO plan the whole thing is treated like va…
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Linda's advice is appropriate, but before you delve too deeply into the ADA, review the Fair Employment and Housing Act, which covers disability issues in California. You may find that this person is not a covered disabled person under the ADA, but…
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Correct. The device is called a C-Pap machine and when the respiratory therapist dropped mine off he said I could get a discount on the electricity because it is life support equipment. I wasn't ready to hear that so I am now 25 pounds lighter and…
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The first response is correct and is attorneylike, I guess because the responder is an attorney. You can, however, do whatever you would like. While many would do exactly as suggested, some might decide that since the employee is on paid leave, th…
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The California Pregnancy Leave Act. It is part of the Fair Employment and Housing Act, Section 12945. The key section is section "a" which prohibits any type of discrimation or discharge because of pregnancy, childbirth etc. The "same job" standa…
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If this is a California employee she is covered by the Ca. Pregnancy Leave regs which require that she be returned to the same position. If a person voluntarily changes to another position after an explanation of why you want to make the change you…
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From a state which has an "up to four month" pregnancy leave regulation which can't run concurrently with the California Family Rights Act (our FMLA) I guess you have to ask the legislators.
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I would agree, except that it is the company attorney that wants to settle. The visa is NOT the critical issue, the "alleged" promise of employment is. If,in fact, this employee was promised three years of employment the possible outcome, lawsuit …
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The issue isn't the H1B visa, it is what was promised the employee. Everything said about the visa is correct, however, the issue is an implied contract between the employer and the employee. In California an implied contract is just as valid a co…
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At will doesn't help out if there is an implied contract of employment, because an implied contract of employment is one of the exceptions in California. It all boils down to how the conversation went when he was hired - was it a promise of three y…
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Chances are the EEOC would view this as a "joint employee" situation. Getting rid of a temp is not a free pass in these type of situations. What would you do if this person WERE your employee. That analysis would be a good start to determine what…
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Excellent - this is what job related testing is all about. You just need a sample, not a complete presentation.
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They are important for all the reasons stated. They become worthless, however, if not updated on a regular basis and this happens a lot. Then you might as well not have them. You need some sort of system to make sure that they stay current.
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As a many time expert witness in this area, pay attention to all the posts that tell you to find another position for her. So what if it sets a precedent - that risk is a h--- of a lot less than the grief you will get if you force her to work for t…
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Perhaps that is the result of a malfunction on the part of the rememberer?
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There could be more than one law. I don't think that the Sarbanes Oxley law applies because I think that it only covers private industry. There may be another law that covers government employees and Nebraska may have a law as well.
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Check out Labor Code 1025. Every private employer regularly employing 25 or more employees shall reasonable accomodate any employee who wishes to voluntarily enter and participate in an alcohol or drug rehab. program, provided that the reasonable a…
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You should review the thread about Employment at Will of a few days ago. If termination of employment is based on "just cause" or with cause then the employere is operating in "just cause" employment relationship and the employer defines the reason…
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This is Thursday morning and we seem to have had a little moisture last night.