At Last - More Flexibility for Employers with Exempt Employees Kim Silvers, SPHR-CA
The California Department of Labor Standards Enforcement (DLSE) issued an important and helpful Opinion Letter on August 19, 2009 allowing California employers much more flexibility in adjusting the work schedules and salaries of exempt employees. This Opinion Letter was in response to an inquiry from an employer struggling financially and needing to reduce the salaries of its exempt employees. In the past, the DLSE has not allowed parallel reductions in an exempt employee's work week to make the salary reduction a little easier to swallow (e.g., take a 20% cut in pay and take Fridays off). The new Opinion Letter now interprets the federal and CA laws as allowing the in-kind reduction of work days and salary without placing the employee's exempt status at risk.
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When Can I Charge Employees for Uniforms? Susan R Breslauer, SPHR
We recently received a question about the employer's ability to charge employees for the replacement of lost or damaged uniforms. Here's a bit about our findings. Per Section 452 of the CA Labor Code, an employer must provide and maintain uniforms, regardless of the cost. However, not all required work clothing is considered a "uniform" under California law.
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The Going & Coming Rule - Advice from our Safety Expert Sharon Poston, ARM
Q: My employee was in an auto accident when driving a company vehicle from his home to a job site. Do I have to file a workers' compensation claim?
A: Yes. If the injury is beyond first aid, provide the employee with a claim form and direct him/her to your medical provider. Then, complete your internal accident investigation and submit the claim to your Workers' Compensation carrier with written instructions to "delay and investigate."
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Sexual Harassment Prevention Training Completed?
2009 is the year many California employers are required to complete the biennial sexual harassment prevention training for their managers and supervisors. If you are one of our retained clients, this on site training is included as part of your services package. We also offer quarterly workshops for new supervisors and managers to make up a class. If a face-to-face class isn't convenient we also partner with a firm offering on line training. For a low fee your supervisors and managers can complete this mandatory training at their desks. Please call us for more information.
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