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Cell Phones: Hands-free by July 1st |
When the California Wireless Telephone Automobile Safety Act takes effect on July 1, 2008, it will be illegal to drive a motor vehicle while using a wireless phone unless a hands-free device is used. Violations will carry a fine of $20 for the first offense and $50 for subsequent offenses.
If you have employees who drive as part of their jobs and frequently make business calls while on the road, be sure they have a hands-free device by the July 1, 2008, effective date of the law. Several other states—including Connecticut, New Jersey, New York—and Washington, D.C., have similar restrictions on the use of handheld mobile phones while driving, so if your employees work out-of-state, check the laws to be sure you’re in compliance. |
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California: Make-Up Time Permitted for Nonexempt Employees |
California law provides a solution that permits the employee to keep his or her full pay and allows you to avoid paying premium rates: It’s called make-up time.
The make-up time provisions, found in Labor Code Section 513 and the Industrial Welfare Commission (IWC) Wage Orders, allow an employee who takes time off for a personal obligation to make up that work time in the same workweek, at straight-time pay—even if the employee works more than eight hours on a make-up day. The make-up time is not counted in the total number of hours worked when computing daily overtime unless the total hours worked exceeds 11 in a day or 40 in a week.
Remember, however, that the time must be made up in the same workweek as the time lost. The make-up time can occur earlier or later in that workweek than the time taken off. Another point to keep in mind: You cannot solicit or encourage employees to work make-up time, but you can inform them about the make-up time option. Also, you can’t condition your approval of the time off on the employee’s agreement to use make-up time.
Each time an employee wants to make up work time, he or she must give you a signed, written request for your approval. An employee who knows in advance that he or she will be seeking make-up time for a personal obligation that recurs at a fixed time can request up to four weeks in advance to work make-up time. |
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Required to pay for uniform? |
Public sector employers are not on the hook for all costs associated with employee uniforms. However, the law in California does require private employers to pay for a required uniform and costs of maintenance.
The definition of “uniform” is quite broad, encompassing apparel or accessories that are distinctive in design or color and that are not “generally usable” in an occupation. For example, an employer wouldn’t have to pay for a retail worker's tan pants and red shift because he/she could probably wear the same item of clothing wherever they worked. But if a housekeeper is required to wear a nurse-type white uniform, the employer would have to pay for it. That’s because the housekeeper wouldn’t be expected to generally wear that uniform at other jobs.
Also, note that you can insist that basic wardrobe items be worn at work, such as black pants, black shoes, and a white shirt, without being forced to pay for them. But if you require a shirt with a specific design, such as a checkered black and purple shirt, you would have to pay for the associated costs. |
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Using the appropriate Human Resource forms can save your organization time and money.
We have customizable forms which work well with our Employee Handbook and Company Policy Manual or as stand alone documents.
As your company's HR needs expand you will have essential forms at your fingertips 24 hours a day, 7 days a week. |
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