labor lawAdivision of labor law center

The California Division of Labor Standards Enforcement or DLSE recently issued an opinion that would permit employers to deduct vacation and sick leave for an exempt employee’s absence of less than 4 hours, as long as the deduction is consistent with the employer’s written policies.

In addition, the letter permits a California employer to deduct a combination of paid sick leave and vacation for a partial-day absence.

This opinion letter does not have the force of law, and employers should wait to implement this policy until the California courts have ruled on the change in regulations.

This opinion letter represents a major change in California policy. In California, as in other states, an exempt employee who works part of the day is entitled to payment for the entire day. However, the issue was how that payment would be tabulated. The state has long held that an exempt employee who worked a partial day could not have sick or vacation time of less than 4 hours deducted from the employee’s balance. That policy was in opposition to federal law as interpreted by courts in most areas of the country.

Suppose Susan is an exempt employee who normally works 8 hours per day. One Tuesday, Susan works 6 hours and goes home early with the flu. (more…)

Nationwide employers should note that both federal and state courts in California will now throw out almost all noncompetition agreements. California has one of the most restrictive laws regarding noncompetition agreements. In fact, such agreements are almost always unenforceable in the state.

California law specifically requires that every individual shall retain the right to pursue any lawful employment opportunity.

Recently, Edwards v. Arthur Andersen upheld that principle. A tax manager for Arthur Anderson LLP in Los Angeles, Raymond Edwards signed a noncompete agreement in 1997.

The agreement specifically noted that  Edwards would not work directly for any of his Arthur Anderson clients, for 18 months after his separation from Arthur Anderson.

After the Enron debacle, Arthur Anderson closed its Los Angeles office and laid Edwards off. Another company offered Edwards a job, but only (more…)

Parents in California are furious at the local school district – but school board officials insist they were merely following federal HIPAA regulations.

Surprised parents in Vacaville were caught off guard when their youngsters reported that last year’s female music teacher was now a “mister.” The teacher is undergoing transgender surgery, and reported to Foxboro Elementary school as a man at the beginning of the school year.

Angry taxpayers lodged complaints (more…)

 A tragic case in California illustrates exactly why federal legislators recently passed stiffer penalties for employers who fail to provide safe working conditions for workers under the age of 18.

GINA, the recently passed Genetic Information Non-disclosure Act, provides for a $50,000 fine for any employer who is found in violation of a safety regulation, resulting in the death of a worker who is a minor.

Recently, the California Department of Industrial Relations’ Division of Occupational Safety & Health (DIR/Cal/OSHA) issued six citations in the sad death of a 17-year-old female Hispanic farm worker. Even more tragically, this death could easily have been prevented if the employer had taken a few minutes to comply with a few simple safety rules.

Maria Vasquez Jimenez died of (more…)

The federal government recently announced grants totaling $10 million to train workers for the growing energy industry.

High gas prices have prompted an even greater interest in alternative sources of energy, including nuclear energy, wind power, solar energy and ethanol. There has also been renewed interest in offshore oil drilling. This has fueled demand for workers in the field, nationwide.

The Community Action Partnership of Sonoma County in Santa Rose, California (more…)