Huntington Beach Law Blog

Most employers would never intentionally try to violate the state and federal employment laws, but it could be a case of not being clear on the rules. Some reasons may even be in the spirit of helping the employee or making your job easier, while others involve poor business planning or choices. Here are 10 mistakes that the California Chamber of Commerce es.

1. Classify all employees as exempt: Exempt employees are those paid a salary regardless of the number of hours worked. Employees may be exempt from overtime, meal time or rest breaks. The accounting is easier for the employer, but it may be illegal to not provide breaks and overtime.
2. Flexible lunch breaks: California law stipulates that employers must provide a meal break to non-exempt employees no later than the fifth hour of a shift.
3. Classifying your employees as contractors: With the rise of the gig economy, the improper classification of full-time employees as contractors has become a common mistake.
4. Not training managers and staff on harassment and discrimination: This has also become a common talking point for businesses in the #metoo era.
5. Terminating employees for taking a leave of absence: Small businesses can struggle if even one employee is not working, but family and medical leave (FMLA) ensures that workers can take leave if necessary. There are, of course, guidelines for qualifying.
6. Letting employees choose when and how long they work: If you have a flex-time policy, employers need to ensure that employees accurately report hours to determine if overtime or back pay is owed.
7. Not issue a final paycheck if they do not return company property:While the company may want to withhold a check because it wants back its laptop or phone, check with an attorney before doing this.
8. Use non-compete agreements: While there are exceptions, California generally prohibits non-competes.
9. Implement “use it or lose it” vacation policy: California prohibits a “use it or lose it” vacation policy. Employees must be paid out when they leave.
10. Loan employees money and deduct it from their check: Bosses may think they are being helpful, but the legal way to do this is to have an attorney draft a promissory note and arrange a payment schedule.

Quarterback Colin Kaepernick caused a firestorm of controversy when he chose to kneel instead of stand for the national anthem before football games. This was done to protest police brutality during a rash of killings of unarmed black men by police.

The former 49ers starter finished his contract with the team in 2016 and has not been hired by another team. He and his lawyer believe this lack of work is because of his political views, which he feels are protected by his First Amendment rights.

The community of craft beer brewers is often proud their own grassroots approach to doing business. Many are staunchly anti-big business at least until they get a purchase offer they cannot refuse. Many also strive to keep the business plan straightforward and to grow organically, choosing to focus on product rather than expanding their business footprint.

A ripple in the community

 It seems that not a month goes by where there are allegations of misbehavior by college coaches or support staff. Ohio State University has been mired in the scandals of former head coach Jim Tressel who stepped down in 2011 after failing to report student athletes bartering team gear for services like tattoos. There was OSU team doctor Richard Strauss, who allegedly abused students before killing himself in 2005. This has led to class action lawsuit. There is also a class action lawsuit involving diving coach William Bohonyi, who allegedly preyed on female divers, including at least one who was under age 18.   

OSU football once again unfortunately makes news