Category Archives: Employment Laws

Independent Contractors 101: Understanding the Basics

Independent Contractors 101: Understanding the Basics

In prior posts, we discussed the requirements of classifying employees as salary-exempt. In this post we review the guidelines of classifying a worker as an independent contractor (also known as freelancers, or 1099s). The financial benefits of hiring independent contractors can be substantial, but so are the risks of misclassification. The Pros of Hiring Independent Contractors, [&hellip


Defining Salary-Exempt Employees, Part 2: The Administrative Exemption

Defining Salary-Exempt Employees, Part 2: The Administrative Exemption

In our last post we discussed the exemption test as it relates to Executive positions. In this article we cover the Administrative exemption, one of the harder categories for employers to justify. In a nutshell, the exemption is dependent upon how much authority and independence an individual has in their job. There are 5 criteria [&hellip


Defining Salary-Exempt Employees, Part 1: Executives

Defining Salary-Exempt Employees, Part 1: Executives

In 2014, President Obama instructed the Department of Labor and the Secretary of Labor to rewrite the Fair Labor Standards Act (FLSA) regulations, specifically addressing and updating the definition of salary-exempt employee status.  The DOL has only updated the FLSA regulations twice in the last 40 years, most recently in 2004. In that year, it [&hellip


Religious Accommodation in the Workplace: An Employment Tightrope

Religious Accommodation in the Workplace: An Employment Tightrope

In a landmark decision, the Supreme Court ruled against the retail clothing giant  Abercrombie & Fitch stating they discriminated against a Muslim woman for wearing a traditional Muslim headscarf, or hijab. In the almost unanimous 8-1 decision, the Court determined that Abercrombie’s decision not to hire the woman due to her wearing a hijab violated [&hellip


Summer is Here, and So Are the Interns. Is Your Business Ready?

Summer is Here, and So Are the Interns. Is Your Business Ready?

It’s the time of year when students start making summer plans, and landing a summer internship is high on many a priority list. An internship is not only a productive way to fill summer vacation; it is an important stepping stone to finding a job after graduation. But employers should be aware that hiring interns [&hellip


Exempt, Non-Exempt or Independent Contractor?

Exempt, Non-Exempt or Independent Contractor?

Class action and collective lawsuits involving Wage and Hour violations (FLSA) have been on the rise over the past decade. Some of these disputes result in multi-million dollar verdicts. The U.S. Department of Labor estimates that approximately 70 percent of employers violate the FLSA’s classification requirements. Join us on Thursday, May 28th for a complimentary webinar: Exempt, Non-Exempt or [&hellip


The 9 Steps of Conducting a (Legal!) Workplace Investigation: The Final Chapter

The 9 Steps of Conducting a (Legal!) Workplace Investigation: The Final Chapter

This is our fourth and final installment of the Workplace Investigation series. In our previous posts we discussed the necessity of conducting a thorough – and legal – investigation, and the first part of the process. In this, our final post, we discuss the final 4 steps: 6. Assessing the Information 7. Making the Decision 8. Writing a [&hellip


The 9 Steps of Conducting a Legal Workplace Investigation, Part 3

The 9 Steps of Conducting a Legal Workplace Investigation, Part 3

Our last post covered the first three steps of the investigation process. They were: documenting the complaint or suspicion, determining any interim action, and selecting the investigator. This post discusses the next two, and most critical, steps of the process: preparing the materials and conducting the interviews. Step 4: Preparing the Materials Once the complaint [&hellip


The 9 Steps of Conducting a Legal Workplace Investigation, Part 2

The 9 Steps of Conducting a Legal Workplace Investigation, Part 2

In a previous post, we discussed the importance – the “Why”  – of conducting a comprehensive and legal workplace investigation. In this and subsequent posts we will detail the “What” – the nine steps that every thorough investigation should include. These nine steps are: Document the complaint or suspicion Determine any interim action Choose the [&hellip


Employment Law Blog Carnival: The April Showers Edition

Employment Law Blog Carnival: The April Showers Edition

CPEhr is honored to be once-again hosting the monthly Employment Law Blog Carnival. In honor of Spring, we present the April Showers Edition. While most of the country could not be happier to finally say goodbye to winter, California unfortunately continues to uphold its name as the Sunshine State as it faces one of the driest [&hellip


Conducting Effective (and Legal!) Workplace Investigations

Conducting Effective (and Legal!) Workplace Investigations

It today’s complex employment environment, it is inevitable that a supervisor, manager or HR representative will have to conduct a workplace investigation. Simply stated, investigations are fact-finding missions.  Whether facts are known, or if there is merely a suspicion of wrong-doing,  managers must be able to prove their position with clear and specific facts before [&hellip


Employees, Independent Contractors and the On-Demand Economy

Employees, Independent Contractors and the On-Demand Economy

Two recent court rulings by a pair of San Francisco judges involving the ride-sharing services Uber and Lyft may have far-reaching consequences for the “On-Demand” Economy. The immediate issue is whether drivers for these two companies can remain classified as independent contractors, or if they should be reclassified as employees, and thus entitled to all [&hellip


3 Key Practices to Avoid a Sexual Harassment Lawsuit

3 Key Practices to Avoid a Sexual Harassment Lawsuit

Over the past two decades, great strides have been made against sexual harassment in the workplace. However,  one in four women still report they have experienced some form of workplace harassment, and that number skyrockets to 70%, or more, in certain industries (such as food-service and hospitality). Lawroom.com released its Litigation Scorecard for 2014, and [&hellip


How to Conduct Legal Investigations: A Free Webinar

How to Conduct Legal Investigations: A Free Webinar

It today’s complex employment environment, it is inevitable that at some point in their career, a supervisor, manager or HR representative will have to conduct a workplace investigation. A thorough investigation is instrumental in supporting legal employment decisions and can provide a formidable defense in the event of an employee lawsuit. However, to stand up to legal [&hellip


FMLA Redefines “Spouse” to Include Same-Sex Partners

FMLA Redefines “Spouse” to Include Same-Sex Partners

The Department of Labor announced last week that it officially amended the Family and Medical Leave Act (FMLA) by revising the definition of “spouse” to include same-sex partners. This change grants same sex couples the same FMLA rights and protections as heterosexual couples. The amendment to the FMLA extends to all 50 states – even those [&hellip


Paid Sick Leave: A Growing Trend on the State and Local Level

Paid Sick Leave: A Growing Trend on the State and Local Level

In 2013, a federal paid sick leave proposal was presented to Congress as part of the Health Families Act, but failed to garner enough votes to pass. However, sick leave once again gained national attention when President Obama voiced his plans during the recent State of the Union address to create a national paid sick [&hellip


New 2015 California Labor Laws

New 2015 California Labor Laws

Year after year, the California legislature works hard to maintain California’s undisputed title as the most complicated and least employer-friendly state in the country. California’s 2014-2015 legislative session ended on August 31, 2014, with Governor Jerry Brown signing more than a dozen important employment bills into law. In future posts we will review many of these [&hellip


CPEhr Releases Annual Report: 2015 Human Resources Updates

CPEhr Releases Annual Report: 2015 Human Resources Updates

As we close out 2014, we are proud to announce the release of our annual report, “2015 Human Resources Updates,” highlighting important employment law, health care reform and workers’ compensation developments impacting businesses in 2015. There were major forces at work this past year that have made the labor and employment landscape in 2015 more dynamic [&hellip


The Employment Law Blog Carnival: Black Friday Edition

The Employment Law Blog Carnival: Black Friday Edition

For some, the month of November evokes images of stuffed turkeys, football and multi-colored leaves clogging the gutters. However, apparently, more and more Americans see Thanksgiving weekend as less about being thankful, and more about getting great shopping deals. “The holiday that used to be known as Thanksgiving has become more of an early-bird shopping [&hellip


How to Be An Effective HR Department of One: HR.com Virtual Conference

How to Be An Effective HR Department of One: HR.com Virtual Conference

There are a vast number of federal and state laws that dictate how business is to be conducted. Employers in California know this all too well. California has the most employment laws of any state and this makes the position of Human Resources especially challenging. The size of a business will define which laws are [&hellip