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San Diego Employment Law Blog

Can Employers Reduce Exempt Employees' Salaries for Vacation & Sick Leave Taken?

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It is easy to get confused regarding what deductions are permissible from exempt (salaried) employees' pay. While there are numerous applicable rules, today we discuss this issue as it pertains to vacation and sick leave.

Employee or Independent Contractor? Things Just Got a Whole Lot Clearer in California.

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Employers frequently struggle with the question of whether a worker is an employee or an independent contractor. Companies in California now have much clearer guidance with the recent California Supreme Court decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles (Dynamex).

Severance Agreements: A Win-Win Situation

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When an employer or employee finally concludes that the employment relationship must end, both sides should consider a key opportunity - negotiating a severance agreement. Why? When an employer-employee relationship ends on less than amicable terms or where there is already a potential dispute, such agreements can help both sides avoid going down a road of lengthy litigation and legal costs. When crafted properly, severance agreements benefit both sides. Here are some reasons why:

Control Overtime - Don't Let It Control You

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Employers spend countless hours worrying about, and in some cases, trying to ignore, overtime hours worked by their employees. Don't hide from the overtime issue; instead, take charge of it through effective planning and management.

Anti-Discrimination News - Applicants Have New Protection Under 2018 "Ban the Box" Law

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Under the new "Ban the Box" law, California employers are no longer allowed to ask applicants about their prior criminal history before making a conditional offer of employment, in most circumstances.

Protected Leaves of Absence - New Parent Leave Law Now in Effect

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The State of California has expanded protected parental leave eligibility to employees of qualified companies with 20 to 49 employees. Effective January 1, 2018, the "New Parent Leave Act" provides up to 12 months of protected leave for eligible employees to bond with a new child.

California Labor Law - Is Your Rest Break Policy Up to Date?

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Many California employers may not be aware that the law regarding rest breaks for employees has changed. Employees are no longer required to remain on premises during rest breaks, the breaks cannot be interrupted, and employees can't be "on-call" during rest breaks.

UPDATE: JULY 17, 2017 VERSION OF I-9 NOW REQUIRED

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On July 17, 2017, the latest version of the Form I-9 Employment Eligibility Verification form was released by the USCIS (U.S. Citizenship and Immigration Services.) Employers are required to use this revised form as of September 18, 2017. The new form is dated "07/17/17" in the lower left hand corner of its pages. This form is currently designated for use through August 31, 2019.

New Version of Form I-9 Verifying Employment Eligibility Now Required

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An updated version of the Form I-9, Employment Eligibility Verification form, has been released by the USCIS (the United Stated Citizenship & Immigration Services) and must be the only form in use by employers effective January 22, 2017.

WAGES: Increase Coming Soon to Minimum Exempt Salary

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On December 1, 2016, the U.S. Department of Labor will implement a long-anticipated change to the so-called "white-collar" exemptions under the FLSA, increasing the minimum salary level necessary for employees to be properly classified as exempt executive, administrative, and professional employees.