Employers who incorrectly classify employees as independent contractors or non-employees are responsible for paying the taxes that were not previously withheld. The Internal Revenue Service may also seek penalties for the unpaid taxes. The IRS just announced a new program that allows qualifying employers the opportunity to get into compliance by making a minimal payment [...]
Posts Tagged ‘California’
IRS Announces Plan to Limit Exposure for Misclassification Claims
Posted in Hiring, Independent Contractors, Litigation, Policies & Best Practices, Wage & Hour, tagged California, East Bay, employer employee relationship, Employment Law, Employment Lawyer, Hiring, I-9, independent contractor, San Jose, Silicon Valley, South Bay on September 28, 2011 | Leave a Comment »
New Laws Regarding California Employers and Employees
Posted in Arbitration, Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation, Hiring, Litigation, New Laws, Sick Leave, tagged ab 889, California, employer employee relationship, Employment Law, harassment, holiday pay, labor code, Silicon Valley, statute of limitations on September 14, 2011 | 1 Comment »
There are several new laws and amendments currently under consideration by the Governor of California, as well as the legislature. The Recorder reports that three bills, AB 267, AB 325, and AB 559, are currently sitting before the Governor Brown. AB 267 prohibits “choice of law” or “forum selection” clauses in employment contracts if those [...]
DFEH Announces Biggest Administrative Award Ever
Posted in Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation, Hiring, Litigation, Medical Leaves of Absence, Policies & Best Practices, Sick Leave, Verdicts, tagged California, cancer, dfeh, Discrimination, East Bay, employer employee relationship, Employment Law, Employment Lawyer, harassment, leave of absence, medical leave, sick leave, verdict on September 13, 2011 | Leave a Comment »
On September 12, 2011, the DFEH issued the following press release: State Department of Fair Employment and Housing Achieves Historic Victory Electrical Supply Company Ordered to Pay $846,300 for Firing Cancer Survivor ELK GROVE, CA – The California Department of Fair Employment and Housing (DFEH) today announced its largest-ever administrative award of $846,300 against electrical [...]
Follow Up on Current Version of AB 889 – Domestic Workers Bill of Rights
Posted in Announcements, Hiring, Independent Contractors, Litigation, New Laws, Policies & Best Practices, tagged ab 889, California, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exemption, independent contractor, labor code, overtime, San Jose, Silicon Valley, wage and hour on August 12, 2011 | 2 Comments »
I hope you were able to listen to the discussion this morning on KQED regarding the Domestic Workers Bill of Rights. Unfortunately I was not able to address an area of the law that gives me the greatest concern: This bill would unduly broaden the definition of employer, unnecessarily increase who will be considered an [...]
Robert Nuddleman to Speak on KQED Radio Regarding AB 889
Posted in Announcements, Hiring, Independent Contractors, New Laws, Seminars, Wage & Hour, tagged ab 889, California, caregiver, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exempt, Hiring, Homecare provider, I-9, independent contractor, meal break, minimum wage, San Jose, Silicon Valley, South Bay, statute of limitations, wage and hour on August 11, 2011 | Leave a Comment »
I just received word that I will be a speaker on The Forum at 9:00 a.m. on Friday, August 12, 2011, regarding AB 889 – The Domestic Worker Bill of Rights. The producers read my blog post and thought I might be able to add to the discussion. If you are involved with the homecare [...]
Sabbatical or Vacation? You Tell Me.
Posted in Litigation, Policies & Best Practices, Sick Leave, Vacation, Wage & Hour, tagged accrued, California, East Bay, employer employee relationship, paid time off, pto, sabbatical, vacation on August 8, 2011 | Leave a Comment »
Most employers have some sort of vacation policy. Under California law, if an employee has unused accrued vacation at the end of his/her employment, the employer must pay out the unused but accrued vacation. Several companies also offer a sabbatical program, which typically offers a longer period of paid time off after a particular length [...]
Can I Get My Fees, Please?
Posted in Attorney Client Relationship, Litigation, Verdicts, tagged appeal, attorneys fees, California, Discrimination, East Bay, employer employee relationship, Employment Lawyer, expense of litigation, indemnification, litigation, San Jose, South Bay on July 28, 2011 | Leave a Comment »
The Ninth Circuit Court of Appeals says the answer may be up to the trial judge. In a Fair Housing Act suit, the Ninth Circuit held that the district court properly relied on its own knowledge of customary rates charged by attorneys and its own experience concerning reasonable and proper fees in making an award [...]
Do you know whether you have to pay your employees overtime wages?
Posted in Hiring, Independent Contractors, Policies & Best Practices, Verdicts, Wage & Hour, tagged California, comp time, East Bay, employer employee relationship, Employment Law, Employment Lawyer, exemption, independent contractor, minimum wage, overtime, pay, South Bay, wage and hour on July 27, 2011 | Leave a Comment »
Powerhouse auditing firm PricewaterhouseCoopers recently found out the hard way when the 9th Circuit held that unlicensed junior accountants – the young accountants who perform the auditing work—may be classified as non-exempt employees. See Campbell v. PricewaterhouseCoopers, LLP, —F.3d—, 2011 WL 2342740 (9th Cir., June 15, 2011) [www.ca9.uscourts.gov/datastore/opinions/2011/06/15/09-16370.pdf]. What does it mean to be exempt? [...]
Now Seeing Clients in the East Bay
Posted in Announcements, Litigation, Seminars, tagged Alameda county, California, Discrimination, East Bay, Employment Law, Employment Lawyer, harassment, independent contractor, new office, overtime, San Jose, Silicon Valley, wage and hour on July 18, 2011 | Leave a Comment »
I am pleased to announce that Phillip J. Griego & Associates is now available to meet with clients in the East Bay Area. While we have served Alameda County for some time, we will now have a physical presence in Pleasanton, California. Initially, we will have an attorney available to meet with clients on Fridays, [...]
Leave Entitlements
Posted in Disability Discrimination and Failure to Accommodate, Discrimination, Harassment or Retaliation, Hiring, Medical Leaves of Absence, Policies & Best Practices, tagged accrued, California, comp time, employer employee relationship, Employment Law, holiday pay, makeup time, San Jose, Silicon Valley, South Bay, vacation on June 2, 2011 | Leave a Comment »
I was looking for some information regarding the various leave laws that employers must consider, and came across a guide from the Department of Fair Employment and Housing. It is a fairly good summary of most of the various leave laws impacting companies doing business in California. I noticed it does not discuss leaves of [...]
