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New Laws In 2013 Every Employee Should Know

Your Facebook, Twitter, LinkedIn and other social media passwords are off limits!  Thanks to new Labor Code section 980 employers or potential employers will not be able to ask you for your social media passwords. Unless, the request is made to a current employee as part of an investigation of allegations of employee misconduct or violation of law, and the request is based upon a reasonable belief that the information is relevant, or to devices issued by the employer.

Your commission schedule must be in writing.

If you are paid commissions, the employer must provide a written contract explaining the method your commissions will be computed and paid. The written agreement must be signed by both you and your employer. Commissions do not include short-term productivity bonuses,  temporary, variable incentive payment that increase, but do not decrease, payment under the written contract, and bonus or profit-sharing plans, unless there has been an offer by the employer to pay a fixed percentage of sales or profits as compensation for work to be performed.

Wear That Religious Apparel Without Fear
The new law clarifies that religious related clothing/apparel are protected under Fair Employment and Housing Act, (FEHA). The law explains that “religious dress practice shall be construed broadly to include the wearing or carrying of religious clothing, head or face coverings, jewelry, artifacts, and any other item that is part of the observance by an individual of his or her religious creed.”

Changes in Calculating Employees’ Regular Rate of Pay
The new law revises Labor Code 515(d) to clarify that “payment of a fixed salary to a nonexempt employee shall be deemed to provide compensation only for the employee's regular, nonovertime hours, notwithstanding any private agreement to the contrary.”  Therefore, overtime must be paid above any nonexempt employee’s agreed upon salary.  This law was in response to the court opinion in Arechiga v. Dolores Press.

If you are having a dispute with your employer and feel that your employee rights have been violated, please call my office, The Law Office of Todd M. Friedman at 877-449-8898

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