Jennifer Shaw spoke with Allen Smith, J.D. regarding the recent ruling in Huerta v. CSI Electrical Contractors, where the court held that time spent on an employer’s premises awaiting and undergoing an employer-mandated exit procedure was compensable as hours worked.  You can read the article here.  The post Jennifer Shaw Quoted in SHRM Article “California Employers: Review Security Screenings” first appeared on Shaw Law Group ..read more

For any number of reasons, employers may find themselves lacking sufficient documentation supporting their legitimate, business-related reasons for employment-related decisions. Maybe they’ve been avoiding uncomfortable conversations with an employee. Or HR has an overwhelming workload, and simply cannot add the task of writing a memo summarizing every personnel decision and meeting. Regardless of the reason, below are some practical tips to make documentation less daunting, and to remind you why it is so important! The Importance of Documentation Documentation serves many important functions ..read more

(This is part one of a two-part article.  Part two will be published next month.) Even employers with the best intentions find it difficult to understand California’s ever-changing wage and hour laws. One common pitfall is paying overtime (and other forms of compensation) at the incorrect rate. This simple mistake can lead to a host of potential problems like wage underpayments, late payments, inaccurate wage statements, and more. What is the “Regular Rate of Pay”? Overtime must be paid as a multiplier of the “regular rate of pay.” To calculate the regular rate of pay (with some limited e ..read more

In the four years since the COVID-19 pandemic made “telework” a household name, many employers have permitted employees to stay home or work a hybrid schedule. However, more and more employers are requiring employees to return to in-person work. As a result, we receive a lot of questions on the topic, some of which are highlighted below. Can We Require Employees to Return to In-Person Work? Yes!  Even if employees are hired with an understanding that they will work remotely or a hybrid schedule, employers legally can change the arrangement any time, provided the employee is “at will.”&nbs ..read more

Last week, the California Supreme Court published a much-anticipated opinion related to when an employer’s control over an employee’s activities constitutes “hours worked.” Although the Huerta v. CSI Electrical Contractors opinion primarily relates to rules governing the construction, drilling, logging, and mining industries covered by Industrial Welfare Commission Wage Order No. 16, the Court emphasized that its analysis of “hours worked” and employer control is widely applicable to other industries. As you may recall, all wage orders define “hours worked” as “the time during which an employe ..read more

Jennifer Shaw appeared on “The Afternoon News with Kitty O’Neal” to discuss the $20 Fast Food Worker Min Wage. You can listen to the interview here. The post Jennifer Shaw on “The Afternoon News With Kitty O’Neal” to Discuss the $20 Fast Food Worker Min Wage first appeared on Shaw Law Group ..read more

We’ve all been there. It’s a busy afternoon. You receive an employee complaint via email. You think to yourself, “What do I do now?” The short answer: If there are key facts you do not know, you need to investigate the complaint. Once an employer is on notice of potentially improper work-related conduct, they have an obligation to conduct a prompt, thorough, and impartial investigation, and to take prompt and effective corrective action. In fact, the failure to promptly investigate can form a basis for a legal claim, so it is important that employers and supervisors know that there are no “off ..read more

One of the most common questions employers ask us about California’s paid sick leave law is how it applies to part-time employees. Below we identify the three most common methods of calculating paid sick leave and address how they apply to part-time employees. Accrual Method (1:30) Employers may have a policy in which employees accrue one hour of sick leave for every 30 hours worked. This policy applies equally to part-time and full-time employees. Accrual Method (Alternative Rate) Employers may have employees accrue paid sick leave at a rate other than one hour for every 30 hours worked, but ..read more

For reasons that we will never quite understand, daylight saving time is once again upon us. In the spirit of mourning the hour all lost this weekend, here are our top 10 timekeeping tips for employers: Non-exempt employees must be paid for every minute they work. California law has no “de minimis” exception. Do not round employees’ work time for payroll purposes. The California Supreme Court will soon decide once and for all whether employers are permitted to use neutral time-rounding practices, but regardless of that decision, it is a practice fraught with risk. Ensure that non-exempt emplo ..read more

Hats off to Cal-OSHA!  They are WAY ahead of schedule… As you probably know, by July 1, 2024, most California employers must establish, implement, and maintain an “effective” workplace violence prevention plan (“WVPP”) – read our previous blog post on the new law here. To help employers meet Senate Bill (“S.B.”) 553’s WVPP requirements, Cal/OSHA recently published a model WVPP. Employers are not required to use the model WVPP, and may create their own, use another WVPP template, or incorporate workplace violence prevention into their existing Injury and Illness Prevention Program. Cal/OSH ..read more