California Employer Daily

Flex Arrangements: Outmoded Laws Are the Chokehold

Jennifer Carsen, Esq. — Wed, 16 May 2012 10:00:00 GMT

Flexible Workplace Arrangements (FWAs) are more and more attractive and much easier to manage with today’s technologies, says attorney David Fortney, but the laws that govern them were passed long before the technologies existed, and that can make management difficult. Fortney is a co-founder of law firm Fortney & Scott, LLC, in Washington, DC, and is editor of the Federal Employment Law Insider. He made his remarks about FWAs at SHRM’s Employment Law and Legislative Conference, held...(read more)

How Can You Avoid Suits Relating To Hiring Practices?

Jennifer Carsen, Esq. — Tue, 15 May 2012 10:00:00 GMT

In yesterday’s CED , California attorney (and SPHR) Allison West offered tips for avoiding defamation, negligence, and fraud lawsuits. Today, her tips on recruiting, plus an introduction to a comprehensive desk reference on discrimination and harassment—specifically for California employers. West, principal of Employment Practices Specialists in Pacifica, gave her advice at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Here are West’s tips...(read more)

Beyond Discrimination: What Else Can You Be Sued For?

Jennifer Carsen, Esq. — Mon, 14 May 2012 10:00:00 GMT

Most employers are all too aware of the danger of discrimination lawsuits, but there are many other legal threats in the HR arena. In today’s CED , California attorney and SPHR Allison West briefs employers on defamation, negligence, and fraud lawsuits. West, principal of Employment Practices Specialists in Pacifica, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Defining Defamation In the HR world, defamation often rears itself...(read more)

Calculating Overtime in California: The Importance of 'Regular Rate' Calculations

Jennifer Carsen, Esq. — Fri, 11 May 2012 16:44:10 GMT

Calculation of overtime in California differs from other states in regard to what hours count toward the total hours worked in the week, and that’s just the beginning. Even the best HR professionals can find the topic of paying overtime in California perplexing. Questions arise about what exactly constitutes the regular rate of pay, which is necessary for determining how much overtime compensation is owed. You must take into account commissions, bonuses, and other payments. Particularly vexing...(read more)

Meals and Breaks—‘Little’ Violations, But Fines Add Up Quickly

Jennifer Carsen, Esq. — Fri, 11 May 2012 10:00:00 GMT

Wage/hour violations, like lunch break payments, can seem like small potatoes. But multiply them by 250 workdays a year and 1,000 employees, and add penalties—and you’ve suddenly got a big-ticket fine. Common Violation #1: Meal Breaks Bona fide meal periods (typically 30 minutes or more) are not work time, and an employer does not have to pay for them. However, the employees must be completely relieved from duty. If employees are expected to do work during lunch (for example, answer phones...(read more)

Could You Be (or Be Harboring) a ‘Toxic Boss’?

Jennifer Carsen, Esq. — Thu, 10 May 2012 10:00:00 GMT

In Behind the Executive Door: Unexpected Lessons for Managing Your Boss and Your Career , author and executive coach Dr. Karol Wasylyshyn advises managers how to deal with the three types of bosses—Remarkable, Toxic, and Perilous. Wasylyshyn, a licensed psychologist and executive advisor, is founder of the Leadership Development Forum, which provides practical guidance for improving your work experience. Our parent company, BLR, asked for reader input on these three types of leaders. Here are...(read more)

Here’s to the Crazy Ones!

Jennifer Carsen, Esq. — Wed, 09 May 2012 10:00:00 GMT

“I’ve been reading Walter Isaacson’s biography of Steve Jobs,” notes business and leadership blogger Dan Oswald. “It’s an interesting read because Jobs was a fascinating character. Jobs was a polarizing figure, revered by many and hated by others. But regardless of how anyone might feel about him, there’s no denying the man was a creative genius.” Oswald, who is CEO of BLR, CER’s parent company, offered his thoughts on Jobs in a recent edition...(read more)

Conducting an Exemption Audit in California: Complying With Overtime and Other Wage-Hour Laws

Jennifer Carsen, Esq. — Tue, 08 May 2012 19:56:29 GMT

By Allen Kato, Fenwick & West LLP Why should you conduct an exemption audit in California? Employee claims alleging they are misclassified as exempt from overtime (brought as individual claims or class-action lawsuits) are the lawsuit of the day. For example, in March 2012, a California court approved a $35 million settlement by Oracle involving 1700 allegedly misclassified software engineers who will each receive about $14,000. Also, in May 2012, WalMart agreed to settle for $4.8 million an...(read more)

Free Report Friday, May 4—How To Survive an Employee Lawsuit: 10 Tips for Success

Jennifer Carsen, Esq. — Fri, 04 May 2012 10:00:00 GMT

With lawsuits against employers becoming increasingly common—and jury verdicts skyrocketing—your risk of getting sued has increased dramatically even if you’ve done all the right things. If you do get sued, doing the right things in a timely manner can greatly reduce the risks of a damaging verdict against your company. CER’s exclusive White Paper How To Survive an Employee Lawsuit: 10 Tips for Success explains the 10 most important things to do when you first learn that you...(read more)

Be Careful When Scheduling Split-Shift Meetings

Jennifer Carsen, Esq. — Thu, 03 May 2012 10:00:00 GMT

Yesterday , Garrett Jensen of the Orange County office of Carothers, DiSante & Freudenberger LLP spelled out the facts of a recent court case in which an employee claimed he was entitled to reporting time pay on days he had meetings scheduled. Today, the court’s ruling. Click here for the facts of the case. Court Says Employee Not Entitled to Reporting Time Pay The California Court of Appeals ruled that employee Daniel Krofta wasn’t entitled to reporting time pay because he was furnished...(read more)

How To Pay Employees for Meetings Scheduled on Non-Work Days

Jennifer Carsen, Esq. — Wed, 02 May 2012 10:00:00 GMT

You schedule your employees for meetings and compensate them accordingly. Case closed, right? But now they come to you and say you should have paid them reporting time pay and/or split-shift premiums for those days. When are those payments triggered? Garrett Jensen of the Orange County office of Carothers, DiSante & Freudenberger LLP breaks down a recent case dealing with this issue. What Does the Law Require? The Industrial Welfare Commission Wage Orders regulate the wages, hours, and working...(read more)

CFRA/FMLA Leave Vs. Other Leave Laws: In What Order Does Leave Apply?

Jennifer Carsen, Esq. — Tue, 01 May 2012 17:39:00 GMT

Applying CFRA/FMLA leave laws can be tricky. How can you be sure you’re applying the correct California and federal laws – and in the correct order? You want to stay in compliance, as well as be sensitive to your employees’ needs, but you also don’t want to keep approving leave if it’s not appropriate. In a CER webinar titled "Leave Laws in California: Master the Intersection of ADA/FEHA, FMLA/CFRA, and Workers’ Comp," Patricia S. Eyres outlined some...(read more)

Prevent Employee Heat Illness and Fatalities

Jennifer Carsen, Esq. — Tue, 01 May 2012 14:59:40 GMT

By Don Dressler, Don Dressler Consulting It’s been a warm winter and promises to be a hot summer – are you prepared for preventing heat illness? Although it’s only spring, the thermometer has hit triple digits in some parts of California. During the weekend of April 21-22, Death Valley cooked at 113° F, Needles baked at 107° F and Palm Springs simmered at 104° F. Things cooled down considerably in the following days, but more hot weather is sure to come. Federal OSHA...(read more)

How To Craft Airtight Arbitration Agreements

Jennifer Carsen, Esq. — Tue, 01 May 2012 10:00:00 GMT

Yesterday , we looked at a recent California court case that highlighted the various factors you need to think about when you draft your arbitration agreements—as well as how you present them to employees. Today, some tips for success. [ click here for the facts of the case ] How To Get Proper Employee Consent The Court of Appeals in this case focused largely on how the employer went about obtaining its employees' consent to arbitration. How can you get consent in a way that will stand...(read more)

Is Your Pre-Employment Arbitration Agreement Valid?

Jennifer Carsen, Esq. — Mon, 30 Apr 2012 10:00:00 GMT

With individual employee claims snowballing into mountainous class actions more and more frequently, it’s no surprise that employers are increasingly requiring mandatory arbitration of employment-related disputes. But even when an agreement is in place, it’s not uncommon for an employee to try to get around it by arguing that the agreement is invalid and unenforceable. A recent California Court of Appeals decision ( Wisdom v. AccentCare, Inc. , Calif. Court of Appeals (Dist. 3) No. C065744...(read more)

Succession Planning: New Business Environment, New Challenges

Jennifer Carsen, Esq. — Fri, 27 Apr 2012 10:00:00 GMT

Traditionally, succession planning focused on an orderly transition at the top of the company. Today, the focus is on dealing with the coming “brain drain” most companies will experience as Baby Boomers begin to retire. We’re dealing with an aging workforce. For example, the Bureau of Labor Statistics reports that over one-third of the civilian employees working for the federal government are eligible for retirement. The same situation exists, to a somewhat lesser degree, in the...(read more)

Background Checks for Employment and Personally Identifiable Information

Jennifer Carsen, Esq. — Tue, 24 Apr 2012 17:38:53 GMT

California has a unique set of rules for background checks for employment that go beyond the other 49 states and the federal Fair Credit Reporting Act (FCRA). If you’re an employer in California, it’s important to follow the rules to the letter, since applicants can sue for up to $10,000 for any violation—regardless of actual damages caused! Additionally, California has added two more critical rules related to background checks that started January 1, 2012. Employers in California...(read more)

What OFCCP Now Expects for Affirmative Action

Jennifer Carsen, Esq. — Tue, 24 Apr 2012 10:00:00 GMT

OFCCP remains focused on contractor compliance with affirmative action regulations for vets and employees with disabilities, says attorney Susan Fahey Desmond. And programmatic outreach is not enough anymore; OFCCP wants to see personal relationships with outreach resources and a system for monitoring effectiveness. Desmond is a partner in the New Orleans office of national employment law firm Jackson Lewis. About Goals and Achievement Under OFCCP (Office of Federal Contract Compliance Programs)...(read more)

OFCCP: Detailed Compensation Analysis in Virtually Every Audit

Jennifer Carsen, Esq. — Mon, 23 Apr 2012 10:00:00 GMT

OFCCP’s audits are getting tougher, says attorney Susan Fahey Desmond, including more in-depth evaluations, greater focus on proactive steps to reach goals, and detailed compensation audits in virtually every recent audit. Remember, says Desmond, who is a partner in the New Orleans office of national employment law firm Jackson Lewis: OFCCP (Office of Federal Contract Compliance Programs) does not enforce a law but an executive order. So if you don’t want to do business with the government...(read more)

Free Report Friday, April 20—Paying Overtime on Bonuses: A Calculation Guide

Jennifer Carsen, Esq. — Fri, 20 Apr 2012 10:00:00 GMT

If you have a nondiscretionary bonus plan that is awarded to nonexempt employees at intervals greater than each week (for example, on a quarterly, semiannual, or annual basis), you are required to retroactively calculate the bonus into the employee's "regular rate" of pay. You’re also required to pay additional overtime and double-time wages to include the bonus amount for each overtime and double-time hour worked. But how to go about this? Paying Overtime on Bonuses: A Calculation...(read more)

NLRB Postpones NLRA Posting Requirement, Will Appeal District Courts’ Rulings

Jennifer Carsen, Esq. — Thu, 19 Apr 2012 14:57:39 GMT

The National Labor Relations Board (NLRB) has announced it is postponing the National Labor Relations Act (NLRA) employee rights posting rule until the legal issues are resolved in court. On Tuesday, April 17, the D.C. Circuit Court of Appeals issued an injunction prohibiting the Board from enforcing the posting rule, which requires most private sector employers to post a notice informing employees of their rights under the NLRA. The rule had been set to go into effect on April 30. In March, the...(read more)

Managers Need Questions—Not Answers

Jennifer Carsen, Esq. — Thu, 19 Apr 2012 10:00:00 GMT

Yesterday , we looked at Dan Oswald’s thoughts on control vs. collaboration. Today, more wisdom from Oswald. He suggests that managers shouldn't try to have all the answers; the real key to great management is asking the right questions. As I was heading to the airport today, a colleague handed me a book and said something like, “This is a quick read, and I really think you’ll enjoy it.” The book he gave me was T he Corner Office: Indispensable and Unexpected Lessons from...(read more)

Collaboration vs. Control: A Classic Workplace Power Struggle

Jennifer Carsen, Esq. — Wed, 18 Apr 2012 10:00:00 GMT

“I think it’s a natural tendency for people to want to be in control,” says business and leadership blogger Dan Oswald. “In fact, I read the other day that the feeling of a lack of control contributes significantly to a person’s stress level. So, it makes sense that all of us would prefer to be in control. It certainly beats the alternative of being controlled! Right?” Oswald, who is CEO of BLR, CER’s parent company, offered his thoughts on collaboration...(read more)

Don’t Miss Our Brinker Webinar Next Week

Jennifer Carsen, Esq. — Tue, 17 Apr 2012 10:00:00 GMT

Yesterday , we explained some of the facts of the Brinker case and why the decision is such good news for employers. The bottom line is that employers in California appear to have dodged a food fight of gargantuan proportions! The California Supreme Court’s conclusion that employers must merely "provide" the required meal and rest periods, and aren't obligated under the law to ensure that workers actually take them, means you’re not put in the role of Meal Period Police...(read more)

Long-Awaited Brinker Decision Finally Here; Good News for California Employers

Jennifer Carsen, Esq. — Mon, 16 Apr 2012 10:00:00 GMT

The extremely long wait is over: We finally have a decision from the California Supreme Court in the case of Brinker Restaurant Group v. Superior Court of San Diego – and some much-needed guidance on the state’s meal and rest break rules. The employers in the case, Brinker Restaurant Corporation and related companies, own several restaurant chains throughout the state, including Chili’s Grill & Bar and Maggiano’s Little Italy. The Employees’ Allegations Brinker was...(read more)