The HR Specialist: California Employment Law

Gov. Arnold Schwarzenegger has signed a bill that will eliminate overtime pay for certain computer professionals. Assembly Bill 10 creates an overtime exemption for computer professionals working in California who are engaged in “intellectual or creative” work …

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The Kaiser Foundation Health Plan has agreed to settle a class-action wage-and-hour lawsuit brought by 770 California employees. Under the terms of the settlement, Kaiser agreed to pay $5.4 million, $3.7 million of which will go directly to the class members who claimed they were misclassified …

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The EEOC has settled a lawsuit it filed against Texas-based Cadit Co., which was doing work for the San Francisco Municipal Railway. The agency said Cadit allowed a foreman to harass a Chinese-American welder.

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A pharmacist formerly employed by Longs Drug Stores recently filed a class-action lawsuit demanding $2.9 billion from CVS Caremark Corp., which purchased Longs in October. According to Charles Jones, who worked as a pharmacy manager and pharmacist at a San Diego Longs, the store violated wage-reporting laws for its nonexempt employees.

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Employers have a number of immigration compliance issues to track in 2009, affecting the Employment Eligibility Verification Form I-9, business travel, no-match letters and employment authorization documentation.

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Federated Department Stores has agreed to settle charges that it denied meal and rest breaks to Macy’s and Bloomingdale’s department store employees. According to the settlement, Federated will pay $25 million to 200,000 employees.

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A federal district court judge recently approved a $33 million settlement reached between Citigroup and female financial advisors in its Smith Barney unit.

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Don’t think that employees who take their retirement benefits in a lump sum can’t sue for alleged fiduciary breaches. A recent federal appeals court decision says although retirees are not technically employees anymore, they still have standing to sue …

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Many California employers are viewing a recent decision by a federal appeals court as a setback. The court upheld the right of local governments to pass ordinances that essentially force employers to provide a certain level of funding for employee benefits.

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If, like many employers, you include an arbitration clause in your employment applications, take note of a recent California Court of Appeal case.

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