Monthly Archives: January 2011

Can my company drop our health insurance?

The Employee Retirement Income Security Act of 1974 (ERISA) is a federal law that sets minimum standards for most voluntarily established pension and health plans in private industry to provide protection for individuals in these plans.  However, this law does not mandate companies carry health insurance for its employees.  In fact, 47% of small businesses are thinking of dropping their health insurance.  OC Register


Leave a Comment

Filed under Employee Benefits, Health Benefits, Health Care

California Wage Orders

What are wage orders and why do they matter to an employer?  Why do they matter to an employee?

For an employer, a wage order governs the wages, hours and working conditions in California.  For example, Wage Order 02 guides an employer in the personal services industry on what to pay an employee, what employment records must be kept, when meal and rest periods are mandatory, and other details.  Each wage order is meant to be self-explanatory but in reality is difficult and boring to read.  Wage orders must be posted in the workplace at a location where employees can read them during the workday.

Continue reading

1 Comment

Filed under Exempt, Hourly or Salary?, Non-exempt, Overtime, Wages and Hours

An Employee Who Used Her Company Computer to Email Her Attorney About Suing Her Company Loses Big Time

On January 13, 2011, the California Supreme Court decided Holmes v. Petrovich Development Co.  In the case, plaintiff Gina Holmes sued her former employer for sexual harassment, retaliation, wrongful termination, violation of the right to privacy, and intentional infliction of emotional distress. However, before ever initiating suit, she used her company-provided computer to send emails to her attorney regarding possible legal action against that very same company employing her.

Continue reading

Leave a Comment

Filed under Company Property, Family & Medical Leave, FMLA - Family & Medical Leave Act, Human Resources, Privacy at Work Rights, Sex Discrimination