Employment Law Articles
Learn and discover the latest useful employment law articles for practical information, DIY, and ideas from a network of leading business and corporate lawyers.
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What is a statutory employee?
A statutory employee is a salesperson, either traveling full-time or based in a city, who represents you and submits orders from wholesalers, retailers, contractors, or operators of establishments such as hotels and restaurants. The merchandise sold should be for resale, or the supplies should be for use in the buyer's business operation. For you, the principal business activity performed must be the salesperson's work.

What Does Staffing Agency Mean?
A staffing agency recruits employees for businesses that are seeking to fill certain positions. A staffing agency is a company that provides employees to work in another company on a temporary or permanent basis.

Character Reference Letter Sample and Tips
A character reference letter offers employers insight into an individual's qualities and character traits through the perspective of a third party.

Exploring the Evolution of Supreme Court Rulings on Arbitration Agreement
This article explores the complex landscape of Supreme Court rulings on arbitration, particularly focusing on cases since 1997. We delved into key decisions and their implications for employment law and policy statements, providing a detailed analysis of the evolving legal context.

California’s Ban on Mandatory Arbitration in Employment Overturned by Ninth Circuit Court
The Ninth Circuit's decision on AB 51 is pivotal for California employer class action defense attorneys, impacting arbitration agreement enforceability in employment. The ruling aligns state law with the Federal Arbitration Act, underscoring arbitration's role in employment disputes.

What is EEO-1 Reporting? Reporting Requirements, Deadlines, and Penalties
The EEO-1 Component 1 report is an annual mandatory data collection. It calls for all private sector employers of 100 or more employees and federal contractors of 50 or more eligible employees with specified criteria to submit workforce demographic data, inclusive of data by job category, sex and race or ethnicity, to the EEOC.

What is shift differential pay? How It Is Calculated, Who Can Qualify for It, and Its Advantages
Shift differential is an increase in pay rate for working undesirable hours such as nights, weekends, weekends, or holiday. Shift Differential Pay: How It Is Calculated, Who Can Qualify for It, and Its Advantages

8 Types of Work Shifts
Work shifts can be categorized into various types, including Day Shifts, typically covering standard daytime hours; Night (or Graveyard) Shifts, operating during late-night to early morning; Swing (or Afternoon) Shifts, spanning late afternoon to late evening;

What happens if employers get caught working under the table?
If an employer is caught paying employees "under the table" – that is, in cash without providing paystubs or deducting taxes – there can be serious legal and financial consequences such as back taxes, penalties for not reporting wages, criminal charges, labor law violations, and employee lawsuits.

What Is Unpaid Time Off and How To Create A Company Policy For It
Unpaid time off is time away from work an employee can take without pay. Employees can use unpaid time off for any reasons such as for illness, vacation, and personal reasons.

How To Calculate Net Pay
Net pay is calculated by subtracting all deductions, such as taxes, Social Security, Medicare, and any other voluntary or mandatory withholdings (like retirement contributions or health insurance premiums), from the employee's gross pay.

California New Employee Forms
California companies must provide newly hired employees with forms, including employee withholdings.

What Is Time and A Half?
Time and a half mean an increased rate of pay for overtime hours, over 8 hours per day or those that exceed the 40-hour work week.

How To Calculate Time And A Half
To calculate an employee's overtime rate of pay, multiply the time-and-a-half rate by the number of overtime hours the employee worked to find the overtime wages due.

Travel And Expense Policy Best Practices
A travel expense policy is a set of company guidelines that informs employees what travel expenses are reimbursed by the company.

Sample Character Reference Letter of Recommendation Template
A character letter of recommendation describes a person's aggregate of moral qualities, behavior, and personality by which a person is judged.

California PTO Laws
California does not require employers to provide their employees with paid time off (PTO). However, if an employer offers PTO, under California law, earned paid time off is considered wages.

What is a company’s handbook?
A company handbook is a manual that gives employees guidance on the company's policies, expectations, procedures, working conditions and behavioral expectations.

What are examples of age discrimination?
Age discrimination can include comments, jokes, gestures, conducts, drawings, and business decisions based on an employee's age.

What is the law for meal breaks and rest periods in California?
Nonexempt California employees must be given a rest break in the middle of each four-hour work period and a meal or lunch break for a minimum of 30 minutes for shifts longer than five hours.

Workplace Harassment: How To Identify and Prevent
Workplace harassment is unwelcome conduct that is based on a worker's disability, age, national origin, gender, sexual orientation, religion, color, or race.

Types of Employee Benefits
Employee benefits are employee compensation packages that include types of benefits such as retirement plans, 401k, disability insurance, health insurance, and paid time off.

How Long Is Maternity Leave in California?
The California Family Rights Act (CFRA) allows eligible employees up to 12 weeks of unpaid to bond with a newborn child or to care for a seriously ill family member.

California Minimum Wage By City
This article provides the minimum wage for cities in California with a higher minimum wage than the state of California.

Bullying in the Workplace: Is It Legal and Can You Sue?
Bullying in the workplace is not actually illegal in California; however, workplace bullying is illegal in California when its words and conduct touch these topics: race, ethnicity, pregnancy, national origin, age, gender, sexual orientation, disability, and religious belief.

Are No Rehire Policies Legal in California? [2023]
California banned “no rehire” policy that bar workers who settle discrimination and harassment cases from working for that employer again.

CA Pregnancy Disability Leave 2023-2024
In California, pregnancy disability leave (PDL) is time off work employees take while disabled from pregnancy. An employee disabled by pregnancy, childbirth, or a related medical condition is entitled to 10 to 12 weeks based on the following conditions of your pregnancy and delivery: Without medical complications.

FMLA Intermittent Leave: FAQs Answered
A FMLA Leave in California is where employees may take FMLA intermittent leave in separate, non-consecutive periods due to a single qualifying reason. Intermittent leave can also be taken in increments of small than half days.

HR Skills That HR Professionals Needs To Have
One of the most critical HR skills that every HR professional needs is creativity in managing workers and their concerns.

How To Prepare for An EDD Audit
This article provides tips for preparing an EDD audit to improve the likelihood of your success.
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