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California Employer’s Guide To
The Federal Overtime Exemptions
After more than 50 years, the U.S. Department of Labor (“DOL”) issued regulations revising the federal overtime exemption standards. The final regulations govern employers in virtually all industries. They define the “white collar exemptions” from the federal minimum wage and overtime rules for executive, administrative, professional, computer, and outside sales employees. In this publication, Attorney Richard J. Simmons of Sheppard, Mullin, Richter & Hampton LLP, reviews the breadth of the new rules and the updated exemption tests. The publication offers valuable insights into the critical features of the regulations, their relationship with California laws, and their impact on employers throughout the country. Among the subjects discussed in the publication are the following:
• Overview of Regulations • Executive Exemption
• Administrative Exemption
• Professional Exemption
• Key Definitions and Concepts • Clarifications Of Standards
• Summary Of Changes
• Salary Basis Standards
• Significance In California
• Salary Level Test
• Safe Harbor Rules
• Computer Employee Exemptions
California’s Anti-Business
Second Edition | Over 150 Workplace Reforms Enacted | Over 450 Pages
Employment Laws
California has the toughest and most costly employment laws in the nation. In this publication, Attorney Richard J. Simmons of Sheppard, Mullin, Richter
& Hampton LLP addresses numerous workplace statutes that burden California businesses. It examines the far-reaching network of rules that touch upon such diverse subjects as wage-hour reform, employment discrimination, time off, leaves of absence, mass layoffs, plant closings, background checks, lactation accommodation, and paid family leave. It also reviews the devastating impact of these laws on California businesses and employment. Among the subjects discussed in the publication are the following:
• Overregulation Of California Businesses • Year-By-Year Analysis Of Legislation
• Remedies For Undocumented Workers • Payroll Laws
• Paid Family Leave Law
• The “Sue Your Boss” Law
• Workplace Communication Rules • Background Check Reforms
• Cal-COBRA Changes
• Wage-Hour Reforms - AB 60 Changes • Layoffs And Plant Closings
• Whistleblower Legislation
• Selected Bills
• Pro-Union Measures • New Payroll Laws
• Identity Theft Bills
Over 160 Pages
Employer’s Guide To Workplace
Fourth Edition | Sample IIP Program |
Security And Violence Prevention
Every employer in the nation should be sensitive to the issues raised by workplace violence. In California, employers are required to address the subject of
workplace violence in their mandatory injury and illness prevention program (llP). They should also have policies and procedures to protect their employees. The Workplace Violence Safety Act establishes additional rules and enables employers to seek temporary restraining orders and injunctions to protect employees who are victims of violence or threats of violence. At the same time, employers must balance concerns about negligent hiring, supervision, and retention against competing legal responsibilities under the Americans With Disabilities Act, as well as the privacy and confidentiality laws. In this publication, Attorney Richard J. Simmons of Sheppard, Mullin, Richter & Hampton LLP provides a practical and useful review of the laws in the field, the obligations of employers, and the concerns that every workplace now faces. Among the subjects addressed in the publication are the following:
• Cal-OSHA Rules
• Applicant Screening Techniques • Rules And Forms For TROs
• Workplace Violence Safety Act • High-Risk Occupations
• Special Health Care Guidelines • Disability Discrimination Issues • Mandatory Changes To IIP Plans • Violence Prevention Strategies • Sample Forms And Policies
• Sample IIP Program
• ADA Issues
• Negligent Hiring And Retention • Confidentiality Concerns
• Statistical Insights
• Injunctions
• Complaint Procedures • Duty To Warn
• Sample Safety Policy • Prevention Checklist
Employer’s Guide To S.B. 198
Injury And Illness Prevention Programs
California employers are subject to two safety laws that will dramatically affect their practices and policies. S.B.198 requires every California employer to adopt, implement, and maintain a written injury and illness prevention program. In addition, the California Corporate Criminal Liability Act also requires managers, high- ranking individuals, and corporations to report certain safety hazards to employees and appropriate government agencies and to correct such hazards in a timely manner. The Employer’s Guide To S.B. 198 Injury And Illness Prevention Programs discusses the laws from an employer’s perspective. It examines the statutes and regulations and describes the obligations created by both laws. It also provides a sample personnel policy and contains sample illness and injury prevention programs. Among the numerous subjects covered are the following:
• Sample Injury and Injury Prevention Programs • Review Of Statutory Rules
• Impact On OSHA
• Training Requirements
• Manager’s Reporting Duties • Key Requirements Of IIP
• New Record Keeping Rules • “Be A Manager, Go To Jail” Law • Sample Personnel Policies • Safety Committees
• Inspector Requirements
Federal Rules & Effect Of State Laws
What Every Employer Should Know | Over 290 Pages
Third Edition
Sample Illness & Prevention Programs | Over 145 Pages
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