The IRS today released Internal Revenue Bulletin 2012-26 providing guidance on how taxes are imposed on tips under the Federal Insurance Contributions Act (FICA). The bulletin is in question-and-answer format and includes an explanation of both the employer’s and employee’s obligations. The bulletin also addresses the following issues: — The difference between a tip and… Read More
Posts Categorized In: Employment Law Advice & Counsel
Employee’s Refusal to Sign Discipline Form is “Misconduct” Warranting a Denial of Unemployment Insurance Benefits
When you present an employee with a performance review or disciplinary action form and ask that employee to sign it, his refusal constitutes “insubordination.” That is, by itself, grounds for firing the employee. But, is it also “misconduct” within the meaning of Section 1256 of the Unemployment Insurance Code such that you can also challenge… Read More
Medical Marijuana Use Not Protected by ADA
The Ninth Circuit Court of Appeals has ruled in James v. City of Costa Mesa that an individual who is discriminated against because of his use of medical marijuana – even if lawful in his home state – has no claim under the federal Americans with Disabilities Act (ADA). The Court reasoned that the ADA… Read More
EEOC Issues Guidance on Employers’ Use of Criminal Records in Hiring
The Equal Employment Opportunity Commission (EEOC) recently published new guidelines for how employers should (1) handle inquiries into arrest and criminal conviction records of applicants and employees, and (b) make employment and hiring decisions when criminal backgrounds are part of the consideration. The full text of the EEOC’s Enforcement Guidance Memorandum 915.002 is available here…. Read More
EEOC Says Transgender Applicants and Employees Protected Under Title VII
On April 20, 2012, the Equal Employment Opportunity Commission (EEOC) ruled in Macy v. Holder that transgendered applicants and employees are protected from employment discrimination by Title VII of the Civil Rights Act of 1964. This landmark decision marks the first time that a federal court or agency has extended Title VII’s prohibition on sex discrimination… Read More
California Supreme Court Issues Long-Awaited Brinker Decision Clarifying Employers’ Meal and Rest Break Obligations
On April 12, 2012, a unanimous California Supreme Court ruled in Brinker Restaurant Corp. v. Superior Court that employers are not required to police their employees and ensure that employees actually take their 30-minute meal breaks. The Court also ruled that employers are not required to provide 10-minute rest breaks before meal breaks. The Brinker… Read More
Labor Commissioner Posts Wage Theft Prevention Template and FAQ’s
As discussed in a prior post on this blog, the California Wage Theft Prevention Act of 2011 (AB 469) took effect on January 1, 2012. This new law requires California employers to provide all newly hired non-exempt California employees with a written notice at the time of hire that contains certain specified wage-related information. It also… Read More
U.S. Supreme Court Reverses and Remands California Supreme Court Decision in Sonic Calabasas v. Moreno
As a result of its decision in AT&T Mobility (which I blogged about here), on October 31, 2011 the U.S. Supreme Court reversed and remanded the California Supreme Court’s ruling in Sonic Calabasas v. Moreno (which I blogged about here). Now, as a result, the Sonic Calabasas decision is no longer good law in California. You can read… Read More
Governor Brown Signs AB 22 Restricting Employers’ Use of Credit Reports
On October 10, 2011, Governor Brown signed Assembly Bill 22 (“AB 22”) which limits the ability of California employers to rely on an applicant’s or employee’s credit report or other credit history when making employment decisions. This represents a major change in California employment law. What is A.B. 22? Sponsored by Tony Mendoza (D-56th District), AB… Read More
Governor Brown Signs AB 469, Known as the “Wage Theft Prevention Law,” Requiring Private Employers to Provide Written Notice to New Hires
On October 9, 2011, Governor Brown signed Assembly Bill 469 (“AB 469”) which will require private employers in California to provide written notice to most new hires of critical employment information, including the employer’s legal name, physical address, payroll dates, and workers’ compensation carrier, as well the wage rate and basis of pay for the… Read More
