Employee Free Choice Act- Who Will Run Your Business? The Employee Free Choice Act (EFCA and also called the "card check" bill) is watershed legislation that will change the face of union representation and likely expand the number of employees represented by a collective bargaining agreement. Think your workplace is immune to union representation? Don't stop reading yet. This is the time to begin assessing and preparing your workforce and management team before a third party makes that call for you. If you haven't taken an employee opinion survey in the last year, it may be time. Click here to read the full article
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Rise in Employment Lawsuits and Claims As the California unemployment rate hit 10.5% in March the activity in employee initiated lawsuits and agency claims has skyrocketed as well. The Equal Employment Opportunity Commission (EEOC) reported that discrimination claims rose 15% in 2008. This resulted in the highest level of claims since the Agency's inception in 1965. The largest rise in claims was for age discrimination (up 28.7%) and retaliation (up 22.6%). In a perceived revenue generating gesture, the CA Department of Labor Standards Enforcement (the DLSE or the Labor Commissioner) is spending more time in the field making unannounced audits on employers. In addition, the IRS has partnered with the EDD to audit more independent contractor classifications. What should employers do in light of all this activity? |
New Alternative Workweek Flexibility Recently the California Labor Code (section 511) was amended to allow a bit more flexibility in how an Alternative Workweek Schedule may be offered. Alternative Workweek Schedules (AWS) allow non-exempt employees to work over 8 hours in a work day without overtime. Usually the schedules are 4-10 hour days or 80 hours within 9 days. The changes are slight, but a small opening to allowing more flexibility around the 8 hr/day overtime requirements.
Under the new law, employees may move from one alternative workweek schedule option to another from one week to the next. In this case, an employee may work 4 - 10 hr days one week and 5 - 8 hr days the following week. (The election process for this type of schedule has to specifically outline these choices.) Click here to read the full article
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Unemployment Insurance Extended
The CA Legislature recently approved an extension to California unemployment insurance benefits for an additional 20 weeks. UI coverage will now run for up to 79 weeks. |