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Doug Larsen

California HR

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AB 469 Notice to Employees at Time of Hire

One of the many laws that affected employers in California for 2012 is AB 469 called the Wage Theft Prevention Act of 2011.  It requires, among other things, that employers provide a notice to employees at the time of hire (conceivably so it is much easier to sue you).  The Department of Industrial Relations recently posted a template that employers can use to comply with the AB 469 notice requirement.  It is located at

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Employment Lawyers Attacking Local Businesses

I have noticed over the past couple of months several out-of-area law firms sending letters to local businesses accusing them of wrongful employment practices.  The letters focus on wage and hour issues, and on appropriate record-keeping.  It appears that these lawyers may be aggressively marketing the Central Valley for cases that can result in substantial legal fees for those law firms.  In light of this apparent marketing push, I want to remind my clients of some of the areas that can result in litigation. 

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Calling The Boss An "F-ing Crook" -- Is This Language Protected By Law So Long As You Don't Hit Him?

Nick Aguirre took a sales job with Plaza Auto Center, a used car dealership in Yuma, Arizona.  At a tent sale held in the Sears parking lot, Nick asked where the restroom facilities were located, and where he could take a break.  A manager responded that salespeople are always on break waiting for customers. 

Nick also questioned the compensation policy.  He thought he should earn a draw against commissions.  He also complained when he sold a vehicle anticipating at least a $1,000 commission, but received only $150. 

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Don't Play Loose with Independent Contractors

California does not make life easy for business owners.  In October 2011 our state leaders enacted SB 459 which creates Labor Code section 226.8 and becomes effective on January 1, 2012.  This law imposes a fine between $5,000 and $15,000 on any person or employer who:  (1) Wilfully misclassifying a worker as an independent contractor; or (2) charging a fee for making a deduction from the worker's compensation for any purpose if doing so would have been prohibited if the worker had been properly classified as an employee.  The penalties incr

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