Administrative Law

What is a Skelly Hearing?

A Skelly hearing derives its name from Skelly v. State Personnel Board (1975) 15 Cal. 3d 194. Dr. Skelly, a permanent civil service employee, was terminated from his employment with the State of California. The California Supreme Court determined, among other things, that he was deprived of his due process Read more…

By simas, ago
Employment Law

Time Off to Vote Notices

California Elections Code, section 14001 requires all employers to post a notice to employees advising them of provisions for taking paid leave for the purpose of voting in statewide elections. A sample of this notice, as well as a notice to employers regarding time off for voting is available in Read more…

By justin, ago
Employment Law

Human Resources Manager 101

Being involved with your company’s human resource department can be overwhelming and frustrating at times regardless of your position within the department.  As the law changes, the H.R. Manager is responsible for ensuring that your company complies with all federal and state laws while also minimizing the risk of litigation brought Read more…

By justin, ago
Government Law

Public Works Labor Compliance

Contractors and subcontractors working on public works projects, have special requirements for prevailing wages, apprenticeship compliance, and certified payroll records. The following are some useful Labor Compliance Checklists to use to ensure compliance with the various regulations. Prevailing Wage Requirements (PDF) Apprentice Compliance (PDF) Public Works Payroll Requirements (PDF)   Read more…

By justin, ago
Business Law

Time Clock Rounding

Time clock rounding is legal under federal and California law. Time clock rounding is the practice of adjusting raw employee punch-in and punch-out times to a standardized, nearest time increment. It is typically justified as a way to simplify payroll calculations or to provide a minimal amount of time warranted for completing recognizable Read more…

By justin, ago
Employment Law

Overtime Pyramiding in California

Overtime pyramiding is the (often mistaken) practice of counting the same hours against two different overtime limits. The most common example of overtime pyramiding is using hours that have been counted against daily overtime to calculate a weekly overtime limit. This is especially common because daily overtime is usually a Read more…

By justin, ago
Employment Law

Vacation v. Sabbatical

Most California companies offer employees vacation time. Vacation time is considered an employment benefit and also a form of compensation. Specifically, under California law, if an employee has unused accrued vacation at the end of his/her employment, the employer must pay out the unused but accrued vacation in their final Read more…

By justin, ago
Employment Law

Employment Protection – Armed Services

When employing or considering the employment of a member of the Armed Services, it is imperative that employers be aware of the strong federal protections put in place for such individuals through the Uniformed Services Employment and Reemployment Rights Act. The Uniformed Services Employment and Reemployment Rights Act (“USERRA”) was Read more…

By justin, ago