One exemption from overtime compensation under Fair Labor Standards Act is known as the “Outside Salesperson Exemption.” This exemption permits an employer to not pay overtime as otherwise required under California law, but only if a particular worker (a) has the primary duty of (a) making “sales” or (b) obtaining…
If you are an employer who has employees working at the cash register or in any other position where they exchange merchandise or services for money, due to a common human error, these employees will make mistakes and will end up with cash shortages once in a while by not…
California Family Rights Act (CFRA), an equivalent of the federal FMLA legislation, allows qualifying employees to take up to 12 weeks of time off work when suffering from serious medical condition. Generally, and employer does not have to trust the employee’s word that he or she is or has been…
California Labor Code section 515.5 defines who qualifies for a computer/technology professional exemption from overtime compensation. There are three main requirements: (1) the employee must be doing work that is “intellectual or creative” and it should require “discretion and independent judgment,” which requires more than just deciding which procedures to…
California statutes prohibiting retaliation bar termination of (or other adverse employment action against) employees asserting their legally protected rights, exercising political affiliations, opposing unlawful discrimination at workplace, or seeking statutory redress (such as investigation of discrimination, harassment, etc.) To show retaliation under California Fair Employment and Housing Act (FEHA), an…
The California Fair Employment and Housing Act (FEHA) provides a non-exhaustive list of possible accommodations that an employer may consider to accommodate a qualified disability or medical condition of an employee. These typical reasonable accommodations include, but are not limited to: • Making facilities accessible to and usable by disabled…
Under California law (Fair Employment and Housing Act or “FEHA”) an employer has an affirmative duty to engage in a timely, good-faith interactive process with an employee who is disabled or who the employer perceives to be disabled. The interactive process is a discussion between an employer and employee that…
The employer must engage in a “timely, good faith interactive process … in response to a request for reasonable accommodation by an employee or applicant with a known physical or mental disability or known medical condition. Although the law doesn’t specifically provide, the California court rulings make it clear that…
As I work and get in get in contact with more San Francisco area employers and employees, I can’t help but be amazed at the liability exposure that the companies-employers incur as a result of their human resources’ managers ignorance of the basic disability laws that lead do series of…
Many employers include a “standard” arbitration provision in their employment contracts or employee handbooks, which provides that any and all disputes arising out of the employer-employee relationship must be referred to mandatory arbitration instead of being litigated in jury trial. Generally, a mandatory arbitration provision is in the employer’s interest.…