February 2001

WIN AT WORK MONTHLY

A Community Service of DON D. SESSIONS, A PROFESSIONAL LAW CORP., Employee Rights Attorneys
	Win At Work PROBATION CREATING JOB SECURITY Turn probation into job security! It’s fairly common for new employees to be put on probation for a few months. They are often deprived of vacation, sick leave and other benefits. They are more subject to being fired even without cause than they would be after probation. Yet, that’s a problem for employers who want to retain their right to fire new employees, at-will, with or without cause, even when probation has ended. For probation implies less rights during than after that period. And if during it, employers can terminate employment without good cause, then some courts say that after it, good cause is needed to do the same thing. Employers can avoid these implications by substituting “introductory” or “training” for “probation” and by clearly defining rights before and after that period. Employees, use your past probationary status to argue that you can’t be fired without cause. Replace job insecurity with security!		Employee Rights Update NEW BREAK AND MEAL PERIOD LAWS Most California employees know that non-exempt (hourly-paid) employees get rest periods every 4 hours, and a 30-minute meal period if they work over 5 hours (there are exceptions, however). Meal periods must be “duty-free” (no “working lunches”). The problem was enforcing these rights. Effective January 1, 2001 enforcement got easier. The law was amended to require employers to pay one hour’s pay for each workday the meal or rest period is missed, plus regular compensation for the mealtime worked. Every silver lining has a cloud, however. Many employers have allowed workers to “waive” lunch, and leave work early. This flexibility is gone. Employees must take a lunch break. Other changes include interest on wage awards at the legal rate; bonds by employer if they appeal; 30-day wage and benefit penalties if employers bounce a paycheck; and for employees (but not employers) who win a wage appeal. By Mark J. Keough, Attorney
		Update on our attorneys - We have produced a videotape of Don D. Sessions explaining the basics of employee rights. It will now become part of our multi-media seminar.
Look for our answers to employees’ questions in the "Shop Talk" column of the Times’ Sunday Business Section or the Register’s "Business Monday" Section. Click here to add (or here to delete) your E-mail address to or from our monthly mailing list. For more employee rights information, click here for our website, job-law.com; here to order our book, Employee Rights in California; or contact our office directly at 23456 Madero, Suite 170, Mission Viejo, CA 92691, (949) 380-0900, (800) 774-7494, mailto:attorneys@job-law.com. The Win at Work portion of Win at Work Monthly is from our ongoing syndicated column appearing in Times/Mirror Publications (including Los Angeles Jobs and Orange County Jobs) and elsewhere. Win at Work Monthly is intended for general information and should not be construed as legal advice or opinion. Readers in need of legal advice should promptly retain the services of an attorney. ©2001 by Don D. Sessions.