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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?
Posted
05-15-2012
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Jennifer Carsen, Esq.
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Beyond Discrimination: What Else Can You Be Sued For?
Posted
05-14-2012
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Jennifer Carsen, Esq.
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Calculating Overtime in California: The Importance of 'Regular Rate' Calculations
Posted
05-11-2012
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Jennifer Carsen, Esq.
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Meals and Breaks—‘Little’ Violations, But Fines Add Up Quickly
Posted
05-11-2012
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Jennifer Carsen, Esq.
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Questions To Ask In an Interview: Interview Questions For Employers
20 Must-Have Employee Handbook Policies
Executive Summary: Healthcare Reform For California Employers
Notice Requirements for CFRA and FMLA: California Labor Laws
10 Tips For Effective, Legal Performance Appraisals
13 Job Description Dos and Don’ts
Paying Overtime: 10 Key Exemption Concepts
Training Your New Supervisors: 11 Practical Lessons
Job Descriptions in California: How To Tackle Tricky Drafting Hurdles
Employee Orientation: How To Energize, Integrate, and Retain Your Newest Hires
How To Survive an Employee Lawsuit: 10 Tips for Success
7 Steps for Preventing Workplace Violence
Win the Online Recruiting War
Compliance Guide to the Federal Family and Medical Leave Act and the California Family Rights Act
Paying Overtime on Bonuses: A Calculation Guide
Who’s Entitled to Overtime: How to Avoid Mistakes When Classifying California Employees
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2012 Advanced Employment Issues Symposium
October 3-5, 2012
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October 31-November 2, 2012
Las Vegas, NV
2012 California Employment Law Update
November 14-16, 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 recordkeeping
California workplace recordkeeping is a job that never ends. Staying in compliance means knowing what to keep (and for how long), what to toss, and what to scan.
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Recent Posts
Blog Post:
The Why, When, Who, and How of Social Media Background Checks
Jennifer Carsen, Esq.
In yesterday’s CED , we covered legal challenges related to social media background checks. Today, tips for managing such checks, plus an introduction to a webinar you won’t want to miss. In an interview, you have at least some control over what you’ll learn, but when you go online...
on
13 Mar 2012
Blog Post:
Employment Eligibility Verifications in California: Reduce the Risk of Fines in I-9 Audits
Jennifer Carsen, Esq.
I-9 audits can strike fear into the heart of even the most diligent HR professional. We try to ensure that we are meeting all obligations to only hire individuals who are legitimately eligible to work in the United States, but what can California employers do to protect ourselves in the case of an I...
on
12 Mar 2012
Blog Post:
Hire Me (I Update Facebook Every 15 Minutes)
Jennifer Carsen, Esq.
You’re going to find out interesting things about potential employees online—like how often they update Facebook—and some of what you find is going to be information you would NEVER ask about in an interview. What are you going to find out online? Gender is typically no surprise, says...
on
12 Mar 2012
Blog Post:
New Personnel Records Requirement: Personnel Action Notice Upon Hire
Jennifer Carsen, Esq.
Keeping accurate personnel records for every employee can be a burdensome task; there are varying legal requirements in terms of what must be kept and also how long it must be kept. How do you keep it all straight? In general, the records must be kept in indelible, typewritten or digital form for all...
on
8 Mar 2012
Blog Post:
More on Background Checks: What If You Conduct Them Yourself?
Jennifer Carsen, Esq.
Yesterday , we looked at the rules regarding consumer reports in California. Today: the rules that apply if you conduct your background checks yourself. We’ll also tell you about a detailed recordkeeping resource, specifically for California employers, you won’t want to be without. Go It...
on
6 Mar 2012
Blog Post:
Background Checks: What Records Must You Keep?
Jennifer Carsen, Esq.
If you obtain, or have prepared for you, criminal background checks, consumer reports, or investigative consumer reports from a consumer reporting agency, you must comply with the various requirements of the federal Fair Credit Report Act (FCRA). What’s a Consumer Report? The FCRA defines a consumer...
on
5 Mar 2012
Blog Post:
EPA Recordkeeping Requirements
Jennifer Carsen, Esq.
The recordkeeping requirements imposed by the Fair Labor Standards Act (FLSA), discussed yesterday , apply to nonexempt employees. But don’t forget that the Equal Pay Act (EPA) expands the scope of the FLSA’s recordkeeping requirements and requires employers to maintain detailed records for...
on
9 Feb 2012
Blog Post:
FLSA Recordkeeping Requirements
Jennifer Carsen, Esq.
Perhaps the most important of employer records, personnel and payroll records are often subject to heightened scrutiny in terms of both legal protection and corresponding enforcement activity by regulatory agencies. Consequently, proper maintenance of these records is of the utmost importance. FLSA Recordkeeping...
on
8 Feb 2012
Blog Post:
Electronic Records in California: Maintaining Them, Keeping Them Safe
Jennifer Carsen, Esq.
Utilizing electronic records can be a way to reduce paperwork in your office, but do you know how to stay in legal compliance while utilizing electronic employee records? How do you ensure your files are safe in case of an emergency? In a CER webinar titled "Electronic Recordkeeping in California...
on
2 Feb 2012
Blog Post:
Missing I-9? What To Do
Jennifer Carsen, Esq.
Yesterday, we looked at some of the key aspects of the I-9 rules. Today, the penalties you face if you get it wrong—plus an answer to the question of what to do if you discover that you’re missing I-9s for one or more employees. The info below is courtesy of Dora V. Lane and Anthony L. Hall...
on
26 Jan 2012
Blog Post:
I-9s: The Employment Forms That Come Back To Haunt You
Jennifer Carsen, Esq.
What if you conduct an I-9 audit and discover that you are missing some employees’ I-9 forms? You don’t know if they were accidentally purged, filed incorrectly, or never completed. Can you ask the affected employees to fill out another I-9? If so, do you ask them to backdate it or use the...
on
25 Jan 2012
Blog Post:
Discipline and Termination: Near-Surefire Lawsuits
Jennifer Carsen, Esq.
In yesterday’s CED , we covered “almost smoking gun” mistakes; today, more mistakes your managers make, plus an introduction to a helpful resource that will automate an important recordkeeping duty and take it off your plate once and for all. Today’s mistakes are again courtesy...
on
10 Jan 2012
Blog Post:
Not ‘Smoking Gun’ … But Nearly As Bad
Jennifer Carsen, Esq.
The worst-case scenario in defending against discrimination claims is the “smoking gun.” (“Too old for this job” written on a candidate’s resume, for example.) In today’s CED, several of the less outrageous mistakes that can still shoot your defense to pieces. Smoking...
on
9 Jan 2012
Blog Post:
Is Electronic Recordkeeping For You?
Jennifer Carsen, Esq.
Electronic recordkeeping saves trees, office space, and maybe time, but security and retention issues come along with it. Let’s explore them. We all know the advantages of electronic recordkeeping. You get quick, simultaneous access in as many places as there are computers; you can search by keyword;...
on
21 Nov 2011
Blog Post:
Still More Employment Policy Perils
Jennifer Carsen, Esq.
Yesterday , we looked at 5 potential employment policy perils you want to be sure to avoid. Today, the rest of the dastardly top 10 — plus a California-specific handbooks resource that practically does the work for you. Here’s the rest of the top 10, courtesy of Mark Schickman and Cathleen...
on
3 Nov 2011
Blog Post:
Top 10 Potential Perils of Employment Policies
Jennifer Carsen, Esq.
The employee handbook: Probably not the most enjoyable part of your job. It’s even less fun when a judge rules a policy unenforceable for some reason, forcing your company to hand over thousands of dollars to a disgruntled employee or former employee. Here are 10 potential policy perils to avoid...
on
2 Nov 2011
Blog Post:
Big Help for the Small HR Departments
Jennifer Carsen, Esq.
HR departments as small as one face big challenges. Here's a program especially designed to help them. In countless businesses, usually with fewer than 100 workers, the HR "department" is just one person, or one with an administrative aide or two. As if HR wasn't complex enough, the...
on
28 Oct 2011
Blog Post:
What Unions Aren’t Allowed To Do
Jennifer Carsen, Esq.
Yesterday , we looked at some of the rights employees have under the National Labor Relations Act (NLRA). Today, some of the things unions are not allowed to do – plus a convenient resource that will ensure you're always up to date on the various state and federal posting requirements, with...
on
27 Oct 2011
Blog Post:
New NLRB Posting Rule in Effect Soon
Jennifer Carsen, Esq.
Think your posting area for legally required employee notifications is crowded? Well, it's about to get a little more so. The National Labor Relations Board (NLRB) has issued a final rule that will require almost every private employer — whether unionized or not — to notify employees...
on
26 Oct 2011
Blog Post:
NLRB Delays Poster Requirement To January 31
Jennifer Carsen, Esq.
The NLRB has delayed until January 31 its final rule requiring most private-sector employers to post the new "Employee Rights" poster. The original deadline had been November 14 of this year. The deadline has been moved, according to the NLRB, to "allow for enhanced education and outreach...
on
5 Oct 2011
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