EMPLOYMENT LAW BULLETIN
Vol. 05, No. 12
Courtesy of ESKRIDGE LAW
Tips on Limiting Liability around the Holidays
Along with the holiday season come office holiday parties which although great for employee morale, can be a potential cause for concern for employers. Sexual harassment complaints tend to increase and a host of issues arise when alcohol is involved. Thus, if you are planning a holiday party, here are some tips to be mindful of to make your party a safe and pleasant occasion for all.
Voluntary Attendance
Employees should be given the option to attend the holiday event. Not only for courtesy's sake, but also because it could be a factor a court will look at in determining employer liability for acts of employees.
Location
Consider having the party off-site at a hotel or restaurant. You will be less likely to be responsible where the facility's employees are serving alcohol.
Office Transportation
Provide taxi vouchers and give employees the option of a cab ride at the company's expense.
Establish an Alcohol Policy
It is rather unrealistic not to serve alcohol, especially at an evening function, so let employees know that excessive drinking at company functions is not acceptable. Also, remind employees about the dangers of drinking and driving.
New Employment Laws Effective January 1, 2006
Governor Schwarzenegger recently signed several employment measures into law that will take effect January 1, 2006. Below is an overview of some workplace-related measures to be aware of as the new year approaches.
California Department of Fair Employment and Housing Filing Period for Minors
Existing law requires a person to file a complaint with the California Department of Fair Employment and Housing within one year. Under Assembly Bill 1669, the period for filing an unlawful practice complaint may be extended for up to one year after the victim reaches the age of 18.
Direct Deposit Rules, Computer Software Professional Exemption
Assembly Bill 1093 allows employers to deposit an employee's final wages by direct deposit into an account previously authorized by the employee. All other laws relating to payment of wages upon termination of employment still apply. Existing law requires an employee in the computer software field be exempt from the requirement that an overtime rate of compensation be paid if certain criteria are met, including a requirement the employee's hourly rate of pay is not less than $41.00. The new law instead provides that requirement be that the employee's hourly rate of pay is not less than $41.00, or the annualized full-time salary equivalent of that rate, provided that all the other requirements for exemption are met and that in each workweek the employee receives not less than $41.00 per hour worked.
Unruh Act Expanded
Assembly Bill 1400 expands the Unruh Civil Rights Act which generally prohibits business establishments from discriminating on the basis of sex, race, color, religion, ancestry, disability, or medical condition. The new provision further prohibits business establishments from discriminating on the basis of sexual orientation or marital status and defines related terms as they are defined in the Government Code. The definitions are also integrated into other related provisions.
ESKRIDGE LAW may be contacted by phone (310/303-3951), by fax (310/303-3952), or by e-mail (geskridge@eskridgelaw.net). Please visit our website at www.eskridgelaw.net or www.employmentattorneys.net.
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