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July 2016 Newsletter

On June 1, 2016, the California Occupational Safety and Health Division (Cal/OSHA), predicting that temperatures in certain parts of Southern California and even the cooler Bay Area are expected to exceed 100 degrees, issued a “Statewide High Heat Advisory.”  Cal/OSHA used the Advisory as an opportunity to remind California employers how they can protect their outdoor workers, including developing and implementing written procedures for...
Do you know the difference between an idle threat and a serious one? Your kid plays a joke on you, and you respond, “I’m gonna kill you” while laughing at the joke. Idle threat, or serious? A co-worker tells you she will slash your tires if you vote against the union. Idle threat, or serious? A co-worker tells you that she heard from another co-worker that yet another co-worker said she would slash the tires of anyone who voted against the union...
The U.S. Department of Health and Human Services (HHS) recently published its Final Rule implementing Section 1557 of the Affordable Care Act (ACA), which prohibits discrimination on the basis of, among other grounds, sex in certain health programs and activities.  According to HHS’s press release, the Final Rule and Section 1557 outline individuals’ rights, as well as the responsibilities of health insurers, hospitals, and...
In the early morning hours of June 12, 2016, 49 innocent people lost their lives in a mass shooting in the Pulse nightclub in Orlando, Florida. This mass shooting, the deadliest in U.S. history, has left the City of Orlando shaken, particularly members of the lesbian, gay, bisexual, transgender, and queer (LGBTQ), and Latino/a communities. This Insight aims to provide a guide to employers on ways they can support their employees whose lives were...
My first job out of college was as a non-exempt clerical, and I wasn’t a very “good fit.” The work aside, I chafed at the rigid rules about start times-stop times-breaks-lunch hours-quitting times. If there was some work that I wanted to finish up and it was “lunch time,” I couldn’t take the extra 15 minutes needed to get it done. I had to stop right then and there, and go to lunch, or at least stop working. I couldn’t start early or stay...
Since the U.S. DOL published its new overtime exemption rules, several people have asked me how one goes about converting a salary to an hourly rate that will give employees about the same amount of pay once overtime is factored in. There are really two parts to this calculation – one quite simple, the other a bit harder. Step 1: Estimate weekly overtime For most employers, this will be the hard part. Any accurate projection of...
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