A contract is a legally binding agreement that spells out the rights and responsibilities of both parties. Employment contracts are becoming more common, especially as employers become more concerned with protecting their intellectual property and seek to channel any employment related disputes away from the courts and towards arbitration.
How far your business wants to take this is up to you. You could have all or none or your employees sign contracts or you may just target management or those whose departure may be particularly damaging to your operation if they decide to work for a competitor or start their own competing business.
Do you currently have a hiring policy for your company?
If you don’t, it’s always a good idea to have one for a couple of reasons. First, you can have that policy reviewed by your attorney and make sure that it fits within the legal framework of your state. Second, it will serve as a protocol for the personnel department to follow and to make sure that. during the hiring process, they all follow the same guidelines even if different staff are involved in the hiring.
If you currently have one, you should be prepared to redraft the policy once the Assembly Bill 168 passes. I talked about this before. Assembly Bill 168, if it passes, would prohibit employers from asking the salary history of job applicants, directly or indirectly, even when the information is asked to serve other legitimate purposes. I gave my opinion in the last video. I think the intention of this proposed law is good; I’m just not so sure about the viability of this bill. Regardless, whether or not this is a good bill we won’t know until it’s implemented for about a year or two, but you need to be prepared. Once this bill is passed and implemented, you need to comply and incorporate it into your hiring process.
So, again, you cannot ask for a salary history- directly or indirectly. However, if a job applicants provide the information voluntarily then you are not in violation of the law. So, what do you do need to do? Well if job applicants offer that information, I would recommend that you document the process so that you can show, in the event that there is a dispute, that the information was not requested by you, and that it was provided by the job applicants voluntarily. So, document the process.
A local Fashion School is defending itself against current and former teachers in a class action lawsuit for unpaid wages. The lawsuit was filed against the Fashion Institute of Design & Merchandising, FIDM, on October 28. The teachers in this class action claim that FIDM did not pay overtime and did not reimburse them for expenses.
FIDM is a fashion school with branch campuses in Irvine, Los Angeles, San Diego, and San Francisco. The lawsuit’s lead plaintiff is Amanda Ferguson. Ferguson alleges that certain teachers at FIDM were not properly paid overtime, although they regularly worked more than 8 hours a day and worked for more than 40 hours a week. The lawsuit also claims that the teachers were not reimbursed for travel and business expenses. The lead plaintiff also claims that she was fired without being paid the wages that she had earned. The lawsuit was filed in Los Angeles Superior Court. Ferguson is a former faculty member of FIDM’s Los Angeles branch.
California Overtime Law for Post-Secondary Teachers and Professors
The Industrial Welfare Commission specifies in wage order 4-2001 that certain professional employees are not entitled to overtime wages, if the professional meets the following criteria:
1. They are licensed or certified by the State of California to engage in a listed profession, which includes teaching;
2. The professional uses independent judgment and discretion in performing their duties;
3. The professional earns no less than twice the minimum wage for full-time work (currently $33,280);