A Pot Pourri of Shaw Valenza's Articles Published in 2007

Here are some articles we've written since the beginning of the year, all of which are posted here on our website -

EMPLOYERS MUST COMPLY WITH STATE LAWS ON MEAL BREAKS, REST PERIODS
By D. Gregory Valenza, published in the San Francisco Daily Journal 4 May 2007

California employers must furnish employees with both rest periods, which are paid, and meal periods, which are not paid. These requirements first appeared in the Industrial Welfare Commission's Wage Orders in 1916. But in 2000, the Legislature imposed on employers significant financial consequences for failure to comply with rest and meal period laws.

THE EVOLUTION OF CALIFORNIA LABOR CODE SECTION 132A
By Jennifer Brown Shaw and Becki Graham, published in The Daily Recorder 25 April 2007

The California Constitution mandates a form of workers’ compensation outside of the common law remedies available in civil lawsuits. The Legislature has implemented this public policy so the workers’ compensation system is the preferred means to remedy employees’ work-related injuries.

POTENTIAL LIABILITY FOR EMPLOYER-SPONSORED SOCIAL EVENTS
By Jennifer Brown Shaw and Carolyn Burnette, published in The Daily Recorder 11 April 2007

In general, an employer may be liable for employee conduct at a social event (both negligent and intentional) whenever such conduct is “within the course and scope of employment.”

ALTERNATIVE WORKWEEKS
By D. Gregory Valenza and Matthew J. Norfleet, published in the San Francisco Daily Journal 6 April 2007

The eight-hour workday is a founding principle of organized labor in the United States. The famous Haymarket Square riots in Chicago in 1886 resulted in the deaths of seven police officers when one of the attendees threw a bomb at the advancing riot squad. Although there was no evidence that union leaders threw the bomb or even knew of its existence, they were executed for inciting the riot by holding a rally for an eight-hour day...

"EXEMPT" STATUS UNDER CALIFORNIA LAW: AVOID THE PITFALLS"
By Jennifer Brown Shaw, published in The Daily Recorder, 28 March 2007

In the past several years, California employers have struggled to understand which of their employees may be properly classified as “exempt” under California law. Those employees are “exempt” from minimum wage and overtime (and other compensation, such as reporting time and call back pay), and required to take rest breaks and meal periods. Part of the confusion stems from the fact that the requirements for exempt status under the federal Fair Labor Standards Act (FLSA) are different in many ways from the California requirements. While these differences are not new, the recent flood of class action litigation regarding which employees are properly due overtime necessarily has generated keen interest in compliance.

A NEW LOOK AT PAID LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT
By Jennifer Brown Shaw, published in The Daily Recorder 14 March 2007

In a nutshell, the FMLA provides up to 12 weeks of job-protected leave to eligible employees. Eligible employees are those who have been employed for at least a year, have 1250 hours of service with the employer, and are employed at a worksite where 50 or more employees work within a 75-mile radius. The California Family Rights Act (“CFRA”) provides similar leave. In general, the laws are considered parallel. But there are significant exceptions, particularly with respect to the treatment of leave due to pregnancy disability.

A CHECKLIST FOR PREVENTING HUMAN RESOURCES PROBLEMS
By Jennifer Brown Shaw, published in The Daily Recorder, 28 February 2007

Management concerned with employment law liability should be focused on prevention: preventing lawsuits, preventing employee morale problems, and preventing the day-to-day hassles personnel issues can create. The road to success in this area is not paved with good intentions, however. Employers must understand basic human resources principles to avoid the employment law pitfalls that await.

MILITARY PERSONNEL HAVE JOB PROTECTION RIGHTS WHEN CALLED TO DUTY
By Jennifer Brown Shaw, published in The Daily Recorder, 13 February 2007

With the still unresolved political question of whether to “escalate” or “withdraw” from the Iraq war, America’s service men and women continue to be called away from their civil jobs to assist with the war effort. At least one source reports that, since September 11, 2001, approximately 550,000 reservists and members of the National Guard have been called to active duty. Of those, 475,000 have returned to the civilian work force.

EFFECTIVE EMPLOYEE TRAINING PROGRAMS: MONEY IN THE BANK
By Jennifer Brown Shaw, published in The Daily Recorder, 30 January 2007

What can employers do to reduce their potential exposure for workplace related claims? Adopting and fairly administering lawful policies and procedures is a good start, of course. However, employers also must take the next step to train employees about what is expected of them and the options available for resolving workplace issues within the organization.

Happy reading!

DGV