Entries by Jeff

100% HEALED BEFORE RETURN TO WORK POLICY IS NOT LEGAL

Blanket policies that say an employee must be 100-percent healed before he/she can return to work after an injury are unlawful. Instead, you must assess whether the employee can perform the essential functions of the job with or without reasonable accommodation. The Department of Fair Employment and Housing (DFEA) is the California equivalent of the […]

DEALING WITH EMPLOYEE WALKOUTS – DON’T REACH FOR TERMINATION PAPERS FIRST

The information below comes from the California Chamber of Commerce and provides a very good review of your rights as employers and employees regarding walking off the job.  HR Mobile Services, Inc. agrees with most of the assumptions in this piece.  However, I would also point out that it mentions other factors.  In the case […]

RULES FOR ROUNDING PAYROLL PART 2

THIS IS A CONTINUATION FROM PART 1 OF THIS DISCUSSION. THIS NEW INFORMATION IS FROM LATE 2016. Rounding times is allowed under California Law, but there has been a need for more information from the courts. The See’s Candy case is the rounding standard and has been bouncing around the courts for many years. An […]

RULES FOR ROUNDING TIME FOR PAYROLL PART 1

THIS POSTING BEGINS THE STORY IN 2012. Overturning a trial court determination that California law does not permit “rounding” of time entries for payroll purposes, the California Court of Appeal in See’s Candy Shops, Inc. v. Superior Court holds that an employer may round employees’ clock-in and -out times to the nearest tenth of an […]

NEW PAYROLL \ W-2 SCAM MAKING THE ROUNDS….BEWARE!

Recently the Internal Revenue Service (IRS) issued an alert to payroll and human resources professionals to warn them about an email scam.  In our effort to keep our customers protected and informed we are passing along this information.  Also, please note that all W-2 forms should be distributed in California no later than January 31.  […]

FAQ ON PIECE RATE PAY AND PAY CALCULATIONS (AB 1513 and Labor Code 226.2)

Due to the continued interest and volume of calls we have received concerning piece-rate pay and how to properly follow the new laws, we are posting this information from the California Website.  You can read the full FAQ at https://www.dir.ca.gov/pieceratebackpayelection/AB_1513_FAQs.htm You must list on  your paycheck stubs the piece-rate pay, the time and averaged pay […]

Cal\OSHA Changes Interpretation of Laws

For 2017, Cal\OSHA is aligning itself more completely with OSHA in the way it views repeat offenders.  You can read the whole report written by Littler Global at this site https://www.littler.com/publication-press/publication/calosha-amendment-significantly-expands-its-definition-%E2%80%9Crepeat%E2%80%9D In Summary, Cal\OSHA can now go back 5 years and if you have a “substantially similar” citation at any of your locations in California, […]

Final Thoughts on 2016 and a Caution to Legislators and Employers for 2017

I will begin this by saying that some of this article is focused on California, while much can be applicable to the rest of the United States.  The San Joaquin Valley is a microcosm of what has taken place across this country.  The rural, farming and agriculture areas of this country are tired of being ignored.   […]