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Recent Posts
Flex Arrangements: Outmoded Laws Are the Chokehold
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Jennifer Carsen, Esq.
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How Can You Avoid Suits Relating To Hiring Practices?
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05-15-2012
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Jennifer Carsen, Esq.
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Beyond Discrimination: What Else Can You Be Sued For?
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05-14-2012
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Jennifer Carsen, Esq.
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Calculating Overtime in California: The Importance of 'Regular Rate' Calculations
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05-11-2012
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Jennifer Carsen, Esq.
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Meals and Breaks—‘Little’ Violations, But Fines Add Up Quickly
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05-11-2012
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Jennifer Carsen, Esq.
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October 3-5, 2012
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Upcoming Webinars
Exemption Audits in California:
Practical Strategies for Conducting a Successful Self-Audit of Your Job Classifications
Wednesday, May 16, 2012
Travel Pay in California:
Know Your Compensation Obligations When Employees Are on the Move
Tuesday, May 22, 2012
Employee Meal and Rest Breaks in California:
What the Brinker Decision Means for HR
Wednesday, May 23, 2012
Accommodating Obesity as a Protected Disability:
How to Avoid Weight Discrimination Claims
Thursday, May 24, 2012
What to Save, What to Shred for California Employers:
What the Laws Say About Managing Personnel Files
Thursday, May 24, 2012
Succession Planning for HR:
Finding the Deep End of Your Executive Talent Pool
Wednesday, May 30, 2012
Talent Management Bootcamp:
The A to Z Strategy for Recruiting, Interviewing, Coaching, Mentoring, and Engaging Talent
Tuesday, June 5, 2012
Lifetime Income Benefit Regulations Explained:
New Options and Obligations for Employers
Friday, June 8, 2012
Commission Sales Agreements in California:
How to Manage Your Risks and Obligations Under A.B. 1396
Tuesday, June 12, 2012
Employee Tough Talks:
How to Drive Positive Change and Get the Results You Need
Wednesday, June 13, 2012
california employee discipline
No employee is above discipline, and progressive discipline in California can often be an effective tool for getting a problematic employee back on track. California Employer Daily offers tools and suggestions.
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Recent Posts
Blog Post:
The 4 Most Serious Sins of Documentation
Jennifer Carsen, Esq.
Rule number one in documentation, says attorney and trainer Allison West, is to include all the details, but you have to ignore that rule because of rule number two—be concise. When doing your documentation, it's important to offer up all the facts, says West. Paper is cheap, she adds. However...
on
24 Oct 2011
Blog Post:
5 Tips To Prevent an Embarrassing Harassment Lawsuit
Jennifer Carsen, Esq.
Yesterday , we looked at textbook cases of what not to do when you receive a complaint about sexual harassment occurring on a business trip. Today, 5 tips for proper response, along with info about a valuable sexual harassment training resource. Time Is of the Essence Once a harassment complaint is made...
on
20 Sep 2011
Blog Post:
9-Point Harassment Investigation Action Plan
Jennifer Carsen, Esq.
California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or eliminate the damages owed to an employee by taking reasonable steps to prevent and correct sexual harassment...
on
24 Aug 2011
Blog Post:
How To Implement Progressive Discipline
Jennifer Carsen, Esq.
Progressive discipline is a multi-step process. Today, we'll look at how to properly implement it, and the need for proper documentation. The usual steps are first oral and then written warnings, followed, if need be, by suspension without pay and finally by termination. Supervisors need to learn...
on
11 Aug 2011
Blog Post:
Progressive Discipline: What Supervisors Need To Know
Jennifer Carsen, Esq.
You can't ... and you shouldn't want to ... just terminate problem employees. There's a better way. Here's how to train on it. Attendance problems. Poor job performance. Safety violations. Abuse or theft of company property. If you've got problems like these at your workplace, you're...
on
10 Aug 2011
Blog Post:
Why Stopping Retaliation at Work Is So Tricky
Jennifer Carsen, Esq.
Adam worried that a dangerous chemical was being used without proper protection, and he reported it to Cal/OSHA. His boss, Stephanie, was not happy. "Adam's wrong," she said. "There's nothing unsafe about our process. And I'm miffed he didn't come to me first. I guess he's...
on
22 Jul 2011
Blog Post:
Dealing with “Termination-Resistant” Employees
Jennifer Carsen, Esq.
"I want to fire him, but I can't." It's true that some employees are "fire-retardant"— they are in a protected class or have performed a protected act — but this doesn't mean you can't fire them. However, you do want to slow down and be sure that you aren't...
on
14 Jun 2011
Blog Post:
Why You Need To Get Your Story Straight – Always
Jennifer Carsen, Esq.
What's one of the hardest wrongful termination lawsuits to defend? The one where the "story" of the termination is inconsistent between HR, the manager, and the documentation. Here's an example: The employee's performance is poor enough that he or she has to be fired. But the supervisor...
on
13 Jun 2011
Blog Post:
“Too Delicate” for the Workplace?
Jennifer Carsen, Esq.
A recent article on the HR.BLR.com website prompted quite a response by Suzanne Lucas, who blogs as Evil HR Lady. "Oh, cry me a river" she said over suggestions that employers take steps to ameliorate off-site harassment of female employees. Our writer, who had attended a presentation by Holly...
on
2 Jun 2011
Blog Post:
Consider Extra Harassment Training Before Hiring Teens
Jennifer Carsen, Esq.
Summer is upon us, and that means an influx of seasonal teen workers at many workplaces throughout the state. You may have already looked into the special safety rules for these workers, as well as the restrictions on the hours they can work, but there's another key issue you may not have considered...
on
1 Jun 2011
Blog Post:
Time To Terminate? Not Just Yet…
Jennifer Carsen, Esq.
Managers always "want to get it over with" once they've decided they want to fire someone. That's no surprise, but HR can't let it happen. Step back and assess the whole picture before acting. Yesterday , we covered the critical termination policy issues that you must address. Today...
on
24 May 2011
Blog Post:
Don’t Terminate Without the Right Policies
Jennifer Carsen, Esq.
Terminations — where the rubber meets the road in HR. The most angst, the most tears (or screams), and the most lawsuits. Your terminations policy is critical. Today, courtesy of BLR's SmartPolicies ® program, we'll review the key elements your policy should cover. Compensation, Benefits...
on
23 May 2011
Blog Post:
Liar, Liar: Dealing With Dishonest Employees
Jennifer Carsen, Esq.
When is it OK to fire a dishonest employee? Below, some points to consider before you take action. No one would dispute the fact that you have a right to expect your employees to be honest. You also have the right to fire the dishonest ones. Below are some important points to convey to your supervisors...
on
15 Apr 2011
Blog Post:
Promoting Tolerance and Respect for Your Transgender Workers
Jennifer Carsen, Esq.
Yesterday , we looked at some of the considerations and definitions involved in managing a workforce that encompasses transgender employees. Today, some tips for promoting tolerance and respect, as well as how to deal with the practical issue of restrooms and dressing rooms. Promoting Tolerance and Respect...
on
7 Apr 2011
Blog Post:
The Right Way To Respond To Employees Who Threaten Violence
Jennifer Carsen, Esq.
" Yesterday , Dennis A. Davis, Ph.D., talked about dealing with workplace conflict. Today, we'll get his take on reacting to anger and violence, and we'll get a look at a unique program for the small (even one-person) HR department. Sometimes people think anger leads to violence, so they...
on
5 Apr 2011
Blog Post:
Conflict Management at Work: Don’t Let Things Fester
Jennifer Carsen, Esq.
"Frontline supervisors are terrified by the idea of conflict," says Dennis A. Davis, Ph.D., "but conflict is a normal part of the work environment." Fortunately, he says, careful management of conflict can be successful in reducing or eliminating it. Davis is the director of client...
on
4 Apr 2011
Blog Post:
6 Essential Guidelines for Harassment Response
Jennifer Carsen, Esq.
It doesn't matter if your workplace is inherently prone to harassment, or even if the harassment is by someone other than your employees — either way, you're required to investigate and correct the situation promptly. Here are 6 essential guidelines for harassment response. Responding to...
on
31 Mar 2011
Blog Post:
What Happens When Harassment Is “Part of the Job”?
Jennifer Carsen, Esq.
Some jobs are just more inherently "harassment-prone" than others — being a Hooters waitress comes to mind. But a recent case shows that even employers in these types of industries have a duty to take prompt corrective action. In Turman v. Turning Point of Central California Inc ., recently...
on
30 Mar 2011
Blog Post:
Harassment Allegations Require Immediate Action
Jennifer Carsen, Esq.
As soon as an employee comes to you and says, "I'm being harassed," you need to address that allegation immediately. It may be that no harassment has actually taken place, but it's your job to launch a prompt, thorough investigation to find out. According to Julie A. Moore, Esq., president...
on
14 Feb 2011
Blog Post:
More Reasons Employers Get Sued
Jennifer Carsen, Esq.
Yesterday , we looked at the top 5 of a "hit parade" you want no part of: The most common reasons employers get sued. Today, we run down the rest of the list. Here are numbers 6-10 on the list of attorney Peter Janus, a partner with Siegel, O'Conner, Zangari, O'Donnell & Beck (for...
on
1 Feb 2011
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