Seyfarth Synopsis: California healthcare employers are facing primetime levels of costly litigation alleging claims based on miscalculation of the regular rate of pay. Healthcare employers are often targets because non-exempt healthcare employees may be paid myriad different incentives—premiums, bonuses, differentials, on-call pay, and more—that may need to be included in the regular rate of pay, as we explain below.
Continue Reading Avoid Drama With A Regular Rate Check-Up for Healthcare Employers

Seyfarth Synopsis: In 2020, California enacted SB 1383 which, as of January 1, 2021, amended Government Code section 12945.2 to expand the California Family Rights Act (“CFRA”). These changes will require employers who have been subject to the CFRA to ensure their policies are up to date, as well as bringing new employers into the family of businesses who must
Continue Reading California’s (Modern) Family Leave

Seyfarth Synopsis: Although there’s no right or wrong time to do a handbook and policy update, we recommend doing them annually, as California law continually changes. Fall is a good touch point to make changes for the next year start, particularly since new laws typically become effective on January 1.

Though it’s late October, California temperatures just now are dropping
Continue Reading Fall Into Handbook And Policy Update Season

Seyfarth Synopsis: While employees often will toot their own horn, employers sometimes may have concerns about their ability to safely perform their job. If this situation rings a bell, it will be music to your ears to hear that it may be possible to request employees to undergo a medical examination to certify their fitness for duty.

Fitness for
Continue Reading Is Your Employee As Fit As A Fiddle?

Seyfarth Synopsis: While Mr. Sinatra could get away with doing things his way, California law requires that employers provide employees facing the final curtain with specific paperwork and a check on their final day. Although these various items may seem simple, failure to correctly provide them can lead to more than a few regrets for employers.

On an employee’s last
Continue Reading When The End Is Near for Departing Employees, Don’t Do It Your Way