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Category: Employment Law

Veterans Day Time Off in the U.S. -Who Gets It?

An American Flag in the middle of a field.

Currently, the FLSA (Federal Labor Standards Act) does not require employers to give employees time off for any holiday. In fact, the federal government does not require employers to pay for any time that an employee doesn’t work (such as vacation time). Although this is true, some states have their own holiday policies that business owners must follow.

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Legal Considerations for Launching a Small Business in California

Contributed by: Joni Meyers

An image of the golden gate bridge in San Francisco

Understanding the legal requirements of operating a business is crucial even before its launch. Even if you have legal counsel at your side, you should know the specific laws and obligations you have to fulfill as a business owner, so you don’t accidentally break them. This knowledge will help to ensure your compliance and protect you against certain risks down the road. Read on for the important legal considerations of launching and running a small business in California:

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Are You Legally Required to Give Employees Voting Leave?

It’s election season and people all over the nation are encouraged to vote and express their opinions. There are three ways in which one can vote for a Federal election: by mail, by absentee ballot, or in person. If you don’t have the opportunity to vote by mail or with an absentee ballot, you must vote in person on the day of the election. Unfortunately, those who aren’t registered to vote by mail only have one way to vote. If employees are scheduled to work on election day, they may miss the opportunity to vote.

If your employees are working on election day, you may have to give them time off to vote depending on the state you’re in. Read more to find out:

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Federal and State Meal Break Law Compliance

Breaks have always been a bit tricky for business owners to tackle. With so many rules in place, it’s hard to decipher what to do to stay compliant with federal and state law. As of May 2020, twenty-one states and two U.S. territories have meal break requirements in place. Generally, employees must take their breaks by a certain time within their workdays and the breaks are paid. Whether you’re curious as to what your state’s rules are, or if you’re thinking about implementing a break policy at your workplace, this article will help you understand federal and state meal break requirements. 

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Can PPP Loans Affect Unemployment Insurance Benefits?

unemployment insurance support in scrabble letters

This article was published on May 19, 2020. New information may be available regarding PPP loans and UI benefit packages. Visit the Small Business Administration for more information.

The PPP loan is a valuable resource for many business owners, especially for employers who have employees with unemployment insurance. With the new loan, employers will have the ability to pay their employees as they would normally and can avoid paying unemployment taxes. This all sounds great, but PPP loans are confusing to employees, and many wonder whether their employer’s PPP loan will alter their unemployment insurance statuses. Do PPP loans affect employees’ unemployment benefits? Let’s find out.

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Is it legal to Cut an Employee’s Pay and Hours Because of COVID-19?

Empty piggy bank

Throughout the past few weeks the coronavirus has left the world empty and desolate. With lockdown measures and social distancing orders in place, people refrain from going to restaurants, communicating in-person, and going to work. As the nation adjusts to this austere new lifestyle, consumerism has slowed down immensely. Consumers are only buying the essentials, which means they aren’t spending like they used to. Of course, when people aren’t spending money, businesses don’t make money. Therefore, many business owners have had to make tough decisions to stay afloat.

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Is it Legal to Work Through Lunch In California?

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California meal period laws can be confusing to many, especially when they are changing every year. Employees used to take meal breaks after 6 hours, but that has since changed to 5 hours after Labor Code Section 512 passed. In addition to Labor Code Section 512, California cities also have their own regulations. With multiple laws in place, it’s incredibly important that employers speak with their local labor boards. This will help ensure that employees are following meal break laws correctly. If employers don’t comply with laws, they may receive penalties and might have to pay employees back in the future.

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Salary History Bans in Ohio, New York, and New Jersey- Effective 2020

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A common question asked during interviews is, “What is your current salary?” Although this sounds like a harmless question, this can lead employers to legal trouble. Of course, this can only lead to trouble if your state or city enforces salary history ban laws. Many states prohibit employers from asking applicants about their past or present salaries or benefits. The salary ban is said to decrease the salary disparities among different genders. Additionally, salary history bans prevent employers from decreasing salary offers based on the applicant’s past income. As a result of these bans, employees feel as though they are getting a fair shot in earning compensation.

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Is it Legal to Track Employees Using GPS?

An employer looking at a map of GPS coordinates

Managing employees has never been easier with the introduction of online time tracking. Managers no longer have to wonder where employees are or what they are doing– all information is available in real-time. Tracking location using GPS is one of the most significant features of employee tracking that employers take advantage of. This data can tell an employer exactly where an employee is working and when they are working. For instance, an employer can determine if an employee clocked in at the office, from the local Starbucks, or even from home. Employers also use GPS tracking to capture miles driven in company-owned or personal vehicles. The data collected is easy to obtain and gives employers transparency, but is it legal? 

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CA Sexual Harassment Law Changing January 1, 2020

employees in an office, training for sexual harassment and abusive conduct.

The California Fair Employment and Housing Act protects employees from unlawful practices and harassment. Since 2005, the act required employers with at least 50 employees to provide at least 2 hours of training and education regarding sexual harassment and abusive conduct. With the rise of the #MeToo movement in 2018, Senator Holly Mitchell proposed bill 1343, requiring that all employers with 5 or more employees provide training and education. This bill’s purpose was to prevent harassment and abusive behavior in any size business altogether. Since bill 1343’s passing, employers are required to provide sexual harassment and abusive conduct training by January 1, 2020. Here’s everything you need to know:

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