Another appellate court decision was issued today regarding whether an employer is obligated to ensure employees take required meal and rest breaks. In Brinkley v. Public Storage, Inc. (B20513), the Second Appellate District rejected the employee’s argument that employers must force employees to take meal and rest breaks. The court adopted the arguments previously set [...]
Archive for October, 2008
Brinkley, not Brinker – Another Meal Break Case
Posted in Policies & Best Practices, Wage & Hour, tagged 226, 226.7, Bay Area, California, labor code, meal break, pay stub, penalties, penalty, rest break, San Jose, San Mateo, Santa Clara, Silicon Valley on October 29, 2008 | Leave a Comment »
Options After the DFEH Closes Your Case
Posted in Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation, Hiring, Medical Leaves of Absence on October 8, 2008 | Leave a Comment »
EG asks: If I’m not satifsied with the outcome of my DFEH complaint what is the next step? If the DFEH makes a determination that they have not been able to find sufficient evidence that the employer violated the law, the DFEH will close the file and issue a Right to Sue Notice. The Right [...]
California Computer Exemption Modified – Again
Posted in Hiring, New Laws, tagged Computer, exempt, exemption, hourly rate, New Laws, overtime, salary on October 3, 2008 | Leave a Comment »
On September 30, 2008, Governor Schwarzenegger signed AB 10 which modifies Labor Code Section 515.5 – the statute that exempts computer software field employees from the overtime requirements of California law. Last year the “Governator” signed SB 929 which reduced the hourly rate computer workers must earn in order to be exempt from the overtime [...]
October is National Disability Employment Awareness Month
Posted in Disability Discrimination and Failure to Accommodate, Medical Leaves of Absence, Policies & Best Practices on October 1, 2008 | Leave a Comment »
I didn’t come up with the title … Congress did. In 1945 Congress enacted a new law declaring the first week in October “National Employ the Physically Handicapped Week” to educate the American public about issues related to disability and employment. In 1962, the work “physically” was removed to acknowledge the employment needs and contributions [...]