Category Archives: improper employee classification

Test Your Knowledge March 2, 2017

human resource, HR, employment law

QUESTIONS

  1. The employer bears the burden of establishing that an employee’s attendance is an essential function of his/her position.
  2. Employers can be expected to consider allowing an assistive animal to be brought into the workplace as a reasonable accommodation to a disabled employee.
  3. All California employers must take “reasonable steps” to ensure a harassment free workplace. Providing harassment prevention training to all employees – not only supervisors – is one of the reasonable steps all employers should take to meet this duty.

ANSWERS

  1. True
  2. True
  3. True

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge February 2, 2017

human resource, HR, employment law

QUESTIONS

  1. California employers must not record an employment applicant’s interview without the express consent of the applicant, regardless of whether the interview is conducted in person, online, or via telephone or video.
  2. While employers are required to itemize “wages earned” on employee pay stubs, the monetary value of accrued paid vacation time is not required to be included unless and until accrued vacation time is paid out upon termination of the employment relationship.
  3. A range of motion test that measures motor function and muscle strength is not considered a medical test.

ANSWERS

  1. True
  2. True
  3. False

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge January 25, 2017

human resource, HR, employment law

QUESTIONS

  1. True or False: Asking a job applicant how he/she acquired the ability to speak, read or write a foreign language could lead to a discrimination claim against an employer.
  2. True or False: An employer can withdraw an offer of employment after receiving the results of a medical examination if the results demonstrate that the applicant’s employment would endanger health or safety in the workplace without considering possible accommodation to the applicant and whether such accommodation could eradicate the danger to health or safety.
  3. True or False: California employers can prohibit marijuana use in the workplace despite the passing of California’s Proposition 64 which legalized the recreational use of marijuana by adults 21 and older.

ANSWERS

  1. True;
  2. False;
  3. True

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge January 11, 2017

human resource, HR, employment law

QUESTIONS

  1. True or False: The “good faith personnel action” defense can successfully bar the claim of an employee seeking compensation for physical symptoms (e.g., migraine headaches, intestinal problems) directly connected to a work-related stress injury claim asserting psychological injury if the alleged injury was suffered as a result of a good faith personnel action.
  2. True or False: For purposes of determining the correct amount of overtime pay due, a cash payment provided to an employee in lieu of health benefits must be included in calculating the employee’s regular rate of pay.
  3. True or False: Payment of a shift differential (higher rate of pay) to employees who work an undesirable schedule (e.g. “graveyard” shift) is required by law.

ANSWERS

  1. True;
  2. True;
  3. False

SHRM provider, SHRM program, SHRM certification, HR certification, HR, human resource

Test Your Knowledge! New FLSA Exempt Salary Requirments

dollar-1294424_1280

QUESTIONS

  1. Effective ________, 2016, California employers must follow the new federal overtime rule for the so-called “________ collar” exemptions.
  2. Under the new requirements, an individual classified as a full-time exempt ________, ________, or administrative employee must be compensated at least $________ per week, which equates to $________ annually.
  3. The impact of the new federal requirements over state law will dwindle for California employers as the state minimum wage continues to increase per California legislation passed in April 2016 to $________ per hour on January 1, ________ for employers of more than ________ employees and on January 1, ________ for employers of ________ or fewer employees.

ANSWERS

  1. December 1; white;
  2. executive; professional; $913; $47,476
  3. $15; 2022; 25; 2023; 25

New Minimum Salary Requirement

exempt or overtime pic

Effective December 1, 2016, the minimum salary requirement for so-called “white collar” exempt employees in California will increase from California’s current minimum requirement of $800 per week to $913 per week – a new standard under the federal Fair Labor Standards Act (FLSA).

Reports from the United States Department of Labor indicate that the salaries of almost 10% of California employees currently classified as exempt are below the new federal minimum salary rate.

With California’s minimum wage scheduled to increase to $10.50 in 2017 (there is a 1 year implementation delay for employers with fewer than 26 employees), the effective minimum salary requirement for exempt employees according to federal law in 2017 will equate to $3,796 more annually than the minimum salary required to classify employees as exempt from overtime per California law. California employers are required to meet the requirements of both state and federal laws. In addition, if approved by voters on June 7th, the minimum wage for workers in San Diego will increase to $10.50 per hour effective immediately upon certification of the election results and $11.50 per hour effective January 1, 2017.

Employers have two options for compliance by December 1st:

1. Change the status of employees classified as exempt not receiving the required minimum salary per federal law to nonexempt. Employers that choose this option will be required to maintain work time and meal break records for these employees and provide overtime pay to these employees, if applicable.
2. Pay all subject employees the minimum salary requirement set forth by the new federal law.

Certain pay strategies could prove helpful to employers in managing necessary changes. The new federal law allows employers to satisfy up to 10% of the minimum salary threshold through nondiscretionary bonuses and commissions provided such bonuses or commissions are paid at least quarterly. And, some employers may find it helpful to institute alternative workweeks schedules in the workplace.

Now is also a good time to review employee classifications and assess the positions of employees just at or slightly above the 50% exempt duties threshold.

Join us on July 14th for an informative presentation with Senior Deputy Labor Commissioner Linda Aguilar

When: Noon; registration and networking start at 11:30 a.m.

Where: Hampton Inn & Suites (corner of Scripps Poway Parkway and Stowe Dr. at 14068 Stowe Drive, Poway)

Cost: $40/person on or before June 10th; $50/person after June 10th (LMRC Ambassadors receive a $10 discount off of these prices);
Includes lunch

Register here today: Upcoming Events Page.

This program is co-sponsored by the Poway Business Park Association and San Diego-Poway Hampton Inn & Suites.

California’s Employment Laws are Complex

And It Just Got Even More Confusing

Let Us Help!

Let the Law and Management Resource Center help you ensure your business is in compliance. We provide affordable employment law and human resource consultation, review and draft employer documents, policies, and employee handbooks, and provide effective harassment and abusive conduct prevention training.

Contact Jillian Bruni, MBA, at jillian@lmrcenter.com or 858-753-1775 for help today.

Workers’ Compensation Fraud Presentation

Join Us on May 19th!

Workers’ Compensation Fraud

What: How to Identify and Prevent Workers’ Compensation Fraud in Your Workplace – Presentation by Detective Sergeant David Glosson and Detective Sergeant Steve Salvatori of the California Department of Insurance. Find out how to help prevent – and what to do if you suspect – workers’ compensation fraud in your workplace.

When: 9 a.m.; registration and networking start at 8:30 a.m.

Where: Hampton Inn & Suites (corner of Scripps Poway Parkway and Stowe Dr. at 14068 Stowe Drive, Poway)

Cost: $50/person (LMRC Ambassadors receive a $10 discount off of these prices); Includes continental breakfast

Learn and Earn Education Credits

If you are not yet enrolled in our Ambassador Program, see enrollment information below! And, if you are looking for education credits, earn them easily by attending our programs.

Become an LMRC Program Ambassador and SAVE!

Not yet enrolled as an Ambassador? You are invited to take advantage of the opportunity to become an LMRC Program Ambassador. By enrolling, you will receive the following benefits throughout the year:

  • Discounted cost to attend seminars and other events
  • LMRC Roundtable Ambassador Certificate – enhance your professional profile!
  • Discounts on some of the services provided by the Law and Management Resource Center, including document drafting and review (employee handbook, contracts, policies, forms) and training (harassment and workplace bullying prevention, employment law for supervisors, leadership and management skills, preventing conflict, communication skills, and presentation and public speaking skills coaching).

The annual cost to participate as an Ambassador is just $95 per year.

If you are not a current LMRC Program Ambassador and would like to become an Ambassador and save on registration costs, please contact Jillian Bruni, MBA, at jillian@lmrcenter.com or 858-753-1775 or fill out the form on our Upcoming Events Page.

Register here today: Upcoming Events Page

This program is co-sponsored by the Poway Business Park Association and San Diego-Poway Hampton Inn & Suites.

The Law and Management Resource Center is recognized by the Society for Human Resource Management (SHRM) as a Recertification Provider for Professional Development Credits (PDCs) for the latest standard in human resource credentialing, SHRM-CP and SHRM-SCP. This means that you can receive your required SHRM credits and maintain your credentials by attending our programs.

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