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A Publication of California Employer Resources

Employment Law Compliance
Help for California Employers

Since 1991, California Employer Advisor has been helping California employers with their employment-related compliance challenges. We understand as well as you do that doing business in California simply isn't like doing business anywhere else.


Exclusive Members-Only Webinar Series

Each month, we offer a special webinar exclusively for our CEA Online subscribers. CEA Online subscribers also get access to our full library of past subscribers-only webinars.

Our featured webinar is:

What Not to Wear:

How to Fashion and Enforce a Workplace Dress Code Policy Under California Law
Learn More

Wednesday, July 30, 2014
10:30 a.m. to 12:00 noon (Pacific)

Members can register here.

Not a member yet? Click here.

Webinars on Demand
Arbitration, Litigation, Mediation: What Every HR Professional in California Needs to Know about Dispute Resolution OptionsArbitration, Litigation, Mediation: What Every HR Professional in California Needs to Know about Dispute Resolution Options
Originally presented on June 11, 2014
Learn how to make your arbitration hold up in court and how evaluate whether arbirtation, mediation, or litigation is the right option for a given employment dispute. Get insight into the key differences among arbitration, litigation, or mediation, so you'll have a better sense of which one may be right for your organization. In addition, you get tips for ensuring that arbitration agreements hold up under California law. . . . more

Paid Time Off in California: From Endless Summer Policies to Traditional PTO Banks--Strategies for Effectively and Legally Managing Employees Time OffPaid Time Off in California: From Endless Summer Policies to Traditional PTO Banks--Strategies for Effectively and Legally Managing Employees Time Off
Originally presented on May 29, 2014
An endless summer? Some employers are starting to latch onto this idea, by offering their employees unlimited paid time off (PTO), NBC News reported recently. In addition to combining personal, sick, and vacation time into one bank, an endless summer policy doesn't have a set limit on the number of days the employee can accrue. While employees appreciate the flexibility of a PTO plan, for you as an HR professional, the administration aspect can get tricky, particularly in California, where you need to worry about the state's complicated and employee-friendly wage and hour laws and leave rules.

. . .

Meal and Rest Breaks in California: Food for Thought on How to Handle Your Compliance ObligationsMeal and Rest Breaks in California: Food for Thought on How to Handle Your Compliance Obligations
Originally presented on April 29, 2014
Sometimes the trickiest part of compliance with the law is learning and understanding exactly what the law requires. This is the case when it comes how employers provide meals and authorize breaks for their employees, particularly for those employers operating in California. Employers know they need to offer their employees breaks. Many even know the basics-that you can't have an employee working for more than five hours without a 30-minute break. But, it gets exponentially trickier from there.

. . .

Family and Medical Leave in California: Top 10 CFRA/FMLA Administration Goofs to Avoid!Family and Medical Leave in California: Top 10 CFRA/FMLA Administration Goofs to Avoid!
Originally presented on March 26, 2014
Administering leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) remains one of the trickiest challenges for HR professionals to master--especially in California where CFRA, along with pregnancy leave and other time off requirements, require broader compliance obligations.

. . .

California's Healthcare Exchange: What Employer Should KnowCalifornia's Healthcare Exchange: What Employer Should Know
Originally presented on February 26, 2014
Effective January 1, 2015, larger employers, those with 50 or more full-time equivalent employees, must provide group healthcare coverage or will be subject to "pay or play" penalties under the Affordable Care Act. The penalties won't apply to small employers, those with fewer than 50 employees, and such organizations are eligible to enroll in Covered California/SHOP.

. . .

Policies and Forms
Sample Policy: Recruitment of New EmployeesSample Policy: Recruitment of New Employees
Updated February 2014
XYZ, Inc., aggressively recruits to attract top-caliber individuals to all levels of the organization. Vacant or new positions may be filled by either transfer or promotion of existing employees, or by new employees who are recruited or apply. Recruitment may be conducted through advertising . . . more

Sample Policy: State Unemployment InsuranceSample Policy: State Unemployment Insurance
Updated February 2014
You may be protected against total loss of wages if you become unemployed under certain conditions as outlined by the California Unemployment Insurance Code. Eligibility requirements under this code . . . more

Sample Policy: State Disability InsuranceSample Policy: State Disability Insurance
Updated February 2014
Nonoccupational disability insurance is provided by state law for every California employee who is covered by the Unemployment Insurance Code and who meets the eligibility requirements. . . . more

Sample Policy: Workers' CompensationSample Policy: Workers' Compensation
Updated February 2014
XYZ Inc. furnishes workers' compensation insurance coverage at its expense. Workers' comp insurance is intended to provide medical care and pay for lost time resulting from injuries on the job and those illnesses . . . more

Sample Policy: Intellectual Property Assignments: Inventions, Patents, and CopyrightsSample Policy: Intellectual Property Assignments: Inventions, Patents, and Copyrights
Updated February 2014
All inventions, patents, and copyrightable works conceived, developed, or created by any XYZ Inc. employee during the term of his or her employment are created as works for hire and will remain the sole property of the company. XYZ will be free to use any such discoveries, . . . more

California Employer Advisor

Most Recent Articles
Online Exclusive: How to calculate 'regular rate of pay' for overtime purposes
CEA Online Exclusive August 2014
California law generally requires employers to pay nonexempt workers overtime pay when they work more than 8 hours in a workday or more than 40 hours in a workweek. . . . more

Arbitration: California Supreme Court upholds class action waivers, rejects PAGA waivers
August 2014
California employers have finally received some truly good news on the arbitration front, in the form of a definitive and long-awaited ruling from the state's high court upholding the enforceability of class action waivers in employee arbitration agreements. . . . more

Overtime: Worker loses claim for off-the-clock work; Why the claim failed
August 2014
You're probably well aware that employers are liable under California law for overtime hours they knew their employees worked (actual knowledge) or should have known (constructive knowledge) they worked. But just what constitutes constructive knowledge of an employee's overtime hours? A recent case in the state Court of Appeals considered that very question. . . . more

Discrimination: Race discrimination claims revived; Treatment of work shift supported claims
August 2014
Sometimes antagonism can arise between different departments, shifts, or other groups of employees. If the risk of morale, teamwork, or productivity issues isn't enough to encourage HR to proactively tamp down such rivalries or hostilities, consider that the employer could also face costly discrimination allegations. That's how one California employer found itself in the 9th Circuit Court of Appeals, where it received some bad news in an unpublished and nonprecedential decision. . . . more

Arbitration: Employer's 1-year delay doesn't waive its right to arbitration
August 2014
As if the state Supreme Court's ruling upholding class action waivers (see p. 1) weren't enough cause for celebration for California employers, a state Court of Appeals also recently issued an employer-friendly ruling in an arbitration case. The court held that an employer that didn't seek arbitration until a year after the employee filed his lawsuit didn't waive its right to arbitrate the claims. . . . more

Liability: 'Going and coming rule' preempts liability; Worker wasn't on 'special mission'
August 2014
In the December 2013 and January 2014 issues of CEA, we told you about some recent cases involving the "required vehicle" exception (also known as the "incidental benefit" exception) to the "going and coming rule." Now another ruling by the California Court of Appeals gives us the opportunity to review the "special mission" exception to the rule. . . . more

Featured resource: 8 steps to slash the risk of disability discrimination claims
August 2014
Employers can take steps to minimize the odds of facing a disability discrimination claim. . . . more

Online Exclusive: Are you required to offer that benefit?
CEA Online Exclusive July 2014
Emp . . . more

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CER has received 14 Editorial Excellence Awards