http://www.employeradvice.com California Employer Advisor en-us web@employeradvice.com http://www.employeradvice.com/members/5880.cfm The Ninth Circuit Court of Appeals, which covers California, has held that an employer has a duty under the Americans with http://www.employeradvice.com/members/5879.cfm The distinction between employees and independent contractors doesn't just matter for wage and hour or tax purposes--it can also play a critical role i http://www.employeradvice.com/members/5878.cfm California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the http://www.employeradvice.com/members/5877.cfm In a report on the ABC News show "20/20" earlier this year, a U.S. Equal Employment Opportunity Commission official warned that an "alarmingly high" number of high school students are reporting sexual advances from their adult supervisors at fast food restaurants across the country. http://www.employeradvice.com/members/5876.cfm Although it's unlawful under both federal and state law for an employer to discriminate against an employee or applicant on the basis of his or her sex, employers sometimes can avoid liability by establishing that the discriminatory practice is a "bona fide occupational qualification" (BFOQ). http://www.employeradvice.com/members/5875.cfm The days when most children lived in a traditional nuclear family can seem like ancient history. Children today might have more than two parents, fewer than two parents, parents of the same gender, and a variety of other parental arrangements. These nontraditional family units have created confusion for some employers when it comes to determining eligibility for family leave, particularly if there is no legal or biological parent-child relationship. http://www.employeradvice.com/members/5874.cfm The question of whether employers must compensate employees for time spent donning and doffing uniforms and protective equipment continues to be a hot topic. http://www.employeradvice.com/members/5873.cfm When budgets are tight, it can be tempting to get around state Labor Code requirements by designating new or existing workers as independent contractors, backing it up with formal independent contractor agreements. http://www.employeradvice.com/members/5872.cfm Sometimes there's not much you can do to stop a rejected applicant with sour grapes from suing you for age discrimination. But, as a recent California Court of Appeals case demonstrates, you can probably get yourself off the hook if you have a legitimate reason--like a rival applicant's superior qualifications--for your alleged discrimination. http://www.employeradvice.com/members/5871.cfm Dating among co-workers is almost inevitable, but it can cause employers headaches. An employer could face claims of sexual harassment and retaliation from an involved employee after a relationship ends. Other workers who perceive favoritism at play might bring hostile work environment claims. http://www.employeradvice.com/members/5856.cfm Federal and state law makes clear that minors cannot be employed for the sole purpose of driving a motor vehicle on highways or streets. http://www.employeradvice.com/members/5855.cfm The Labor Commissioner has obtained a default judgment in a lawsuit to enforce Labor Code Section 2810. The law makes it illegal to http://www.employeradvice.com/members/5854.cfm The question of whether time spent donning and doffing uniforms and protective equipment must be compensated continues to be a hot topic. In several recent cases, for example, courts have held that http://www.employeradvice.com/members/5853.cfm Federal and state law makes clear that you can't employ minors for the sole purpose of driving a motor vehicle on the highways or streets. But minors who are 17-years-old can http://www.employeradvice.com/members/5852.cfm The question of who is or isn't an employer seems pretty straightforward, but that hasn't always been the case when it comes to wage and hour laws. http://www.employeradvice.com/members/5851.cfm Title VII of the Civil Rights Act of 1964 provides employers some protection by requiring employees bringing certain kinds of discriminations claims to file charges within a specific time limit. However, a recent U.S. Supreme Court ruling could extend the period of time that employers are vulnerable to disparate impact claims. http://www.employeradvice.com/members/5850.cfm Employers have long relied on workers under the age of 18 to keep their businesses up and running. While minor workers often provide numerous benefits, they're also subject to a wide variety of restrictions and prohibitions. http://www.employeradvice.com/members/5849.cfm When you hear a reference to "ERISA" (the federal Employee Retirement Income Security Act), it typically brings to mind employee retirement and insurance plans. But, as one employer was reminded by the Ninth Circuit Court of Appeals, which includes California, it also applies to severance plans. This means you need to be careful when denying benefits under severance plans or risk costly federal litigation and reversal by a court. http://www.employeradvice.com/members/5848.cfm When it comes to new employment legislation, it's best to take the Boy Scouts' advice and be prepared. Here are some summaries of significant legislation pending in Sacramento that could affect you, your employees, and your bottom line. http://www.employeradvice.com/members/5847.cfm California employees of Bank of America (BofA), one of the nation's largest employers, have joined forces with colleagues from across the country to sue the bank for violations of the Fair Labor Standards Act (FLSA) and similar laws in California and other states. The lawsuit is a strong reminder for employers that there's a lot more to complying with wage and hour laws than just paying nonexempt workers minimum wage and overtime.