California Employer Daily

The 10 Questions You Must Ask Before Firing

Jennifer Carsen, Esq. — Wed, 19 Jun 2013 13:30:00 GMT

Faced with a firing, managers are typically upset and uncomfortable. They want to just "get it over with." Stop right there. Slow them down, and ask these 10 questions first. Otherwise, you're likely headed for an expensive lawsuit. Here are the 10 questions we recommend you ask before any termination. If your answer to any of these questions rings a worrisome note, review the situation carefully before making a termination decision. 1. Have you followed your own policies? Most organizations...(read more)

Final pay obligations in California: Payment timing and penalties

Jennifer Carsen, Esq. — Tue, 18 Jun 2013 20:00:00 GMT

Final pay laws are strict in some states, and the penalties add up very quickly for employers who do not pay in time. With the clock ticking to deliver that final paycheck, it's crucial for employers to understand their obligations so they can stay in compliance. The best way to avoid costly errors is to have a plan in place for employee resignations and terminations long before an employment relationship ends. Timing of final pay in California "Voluntary resignation and involuntary termination...(read more)

Probationary Period? Get Rid of It!

Jennifer Carsen, Esq. — Tue, 18 Jun 2013 13:30:00 GMT

Yesterday’s CED featured legal tips about probationary periods. Today, Hunter "Please Sue Me" Lott says, "Get rid of your probationary period." Otherwise you risk negating your employees' at-will status. Lott says that any "probationary period" or "introductory period" (or as one company calls it, "comfort time") is a threat to the employer's at-will status because it suggests that after the probationary period, employees have greater...(read more)

Q&A on deductions from final paychecks in California

Jennifer Carsen, Esq. — Mon, 17 Jun 2013 20:29:00 GMT

Making deductions from the final paycheck can open an employer up to legal problems—including accusations of withholding final pay if the deduction was improper. If an employer is deemed to have withheld final pay, it could be subject to waiting time penalties. In a recent CER webinar, Joel M. Van Parys and Nicole A. Legrottaglie addressed this issue in detail. They explained the employer obligations to give the employee their final paycheck Q. If an employee resigns and there are still outstanding...(read more)

Probationary Periods: Dangerous Device or Necessary Tool?

Jennifer Carsen, Esq. — Mon, 17 Jun 2013 13:30:00 GMT

Many employers start employees off with a "probationary period" during which the employer can let the new employee go without worrying about just cause and lawsuits. Sounds good—but there's a downside, says California attorney Sandra Rappaport. The use of "probationary hiring" has been confusing for employers and employees alike, Rappaport says. Originally, it was a way for an employer subject to a collective bargaining agreement (CBA) to carve out a short, introductory...(read more)

Free Report Friday, June 14—Who’s Entitled To Overtime: How To Avoid Mistakes When Classifying California Employees

Jennifer Carsen, Esq. — Fri, 14 Jun 2013 13:30:00 GMT

Exempt vs. nonexempt—California rules are tricky, to say the least. Many employers mistakenly believe that simply paying a salary (rather than an hourly wage) or bestowing an impressive job title is enough to make an employee exempt from the overtime rules. In fact, only one thing really matters—the duties the employee performs. If you sometimes have trouble figuring out which employees are exempt and which aren’t, you’re not alone. It’s easy to make mistakes when dealing...(read more)

Tips for Developing an Employee Handbook That Helps—Rather than Hurts—You

Jennifer Carsen, Esq. — Thu, 13 Jun 2013 13:30:00 GMT

Yesterday , we looked at some general principles relating to employee handbooks. Today, some tips to remember as you build yours (and, yes, you definitely do need to have one). General Tips for Developing a Handbook Here are a few things to remember as you draft your handbook: The employee handbook may be the first document a new employee receives from his employer; therefore, be mindful of the tone in which your handbook is written. Start off with a welcoming letter from the CEO or president rather...(read more)

Deductions from final paycheck: Recovering loans and damaged property

Jennifer Carsen, Esq. — Wed, 12 Jun 2013 22:28:53 GMT

Deductions from final paychecks can be very tricky, and in fact are often not allowed by law. What should an employer do if it’s owed payment for a loan or for damaged property? Can these amounts be deducted from the final paycheck? Deductions from final paycheck: Recovering loans Employers' hands may be tied when trying to use deductions from the final paycheck to recover these balances owed. "Employers may deduct amounts from an employee's gross earnings when the deduction is...(read more)

Employee Handbooks: Are They Really Necessary?

Jennifer Carsen, Esq. — Wed, 12 Jun 2013 13:30:00 GMT

Even though it isn't a California or federal law requirement, many employers have an employee handbook or at least a few written company policies. Exactly where do those policies come from? The answer to that question is easy―the HR department. But where does HR get the policies that govern the company? The answer to that question isn't quite so simple. Employee policies can come from a multitude of sources, including style guides or boilerplate templates purchased online, but many times...(read more)

Wellness Programs Tackle the #2 Killer

Jennifer Carsen, Esq. — Tue, 11 Jun 2013 13:30:00 GMT

Yesterday , we learned how to knock out the largest source of deaths; today we'll look at the #2 killer: Cancer. About one-third of us get cancer and about 20 percent of us die of it, so in theory that makes cancer about half as important as cardiovascular disease, says Dr. W. Smith Chandler. Dr. Chandler is a board-certified physician in occupational medicine who is also SPHR-certified. Actually, though, cardiovascular disease is a little more than twice as important as cancer—because...(read more)

Wellness So Simple Even C-Suiters Can Understand

Jennifer Carsen, Esq. — Mon, 10 Jun 2013 13:30:00 GMT

Wellness! Sounds great as a concept, but it’s a little vague for senior management. Today's expert—an SPHR-certified occupational physician—breaks it down into easy-to-grasp basics. Actually, the wellness agenda is surprisingly uncluttered, says Dr. W. Smith Chandler . Let me show you how to break it down, he says, by asking a simple question: “Why do people die?” The answer is not as complex as people might think. Forty percent of all Americans die of cardiovascular...(read more)

The 4 Questions to Ask Before Changing to PTO

Jennifer Carsen, Esq. — Fri, 07 Jun 2013 13:30:00 GMT

Having a single Paid Time Off (PTO) bank is attractive for many reasons, says attorney John P. Hagan—but there are critical questions to ask before switching over from a traditional approach. Hagan, a partner at law firm Sarles & Ouimet, LLP, made his suggestions at a recent BLR webinar (BLR is CER’s parent company). Here are his four questions: Question 1: Will an Anticipated Change Affect Existing Accrued Leave? If you anticipate making a change that might affect existing accrued...(read more)

Never Say Never, and Never Say This

Jennifer Carsen, Esq. — Thu, 06 Jun 2013 13:30:00 GMT

Yesterday’s CED featured the first six of author Darlene Price’s 10 phrases that kill your pitch; today, killer phrases 7 through 10. [ Go here for killer phrases 1 to 6.] 7. “…, don’t you think?” or “…, isn’t it?” or “…, OK?” To convey a confident and commanding presence, eliminate validation questions. Make your statement or recommendation with certainty and avoid tacking on the unnecessary approval-seeking question...(read more)

10 Persuasion-Killing Phrases You Should Never Use

Jennifer Carsen, Esq. — Wed, 05 Jun 2013 13:30:00 GMT

Whether you're making a formal request, wooing an applicant, or proposing an idea, the wrong phrase can ruin your pitch, says author Darlene Price. She offers 10 phrases that can kill any hope of success. Price is the author of the recently published Well Said! Presentations and Conversations That Get Results . Of course, you’ve got to know your audience and tailor your content to meet their needs, says Price. And being sincere, natural, enthusiastic, and passionate go hand in hand with...(read more)

Workplace investigations 101: What to do when employee makes an allegation

Jennifer Carsen, Esq. — Tue, 04 Jun 2013 18:25:00 GMT

Workplace investigations typically start with an allegation. Perhaps an employee makes a complaint about another employee or manager. Or perhaps he or she advises of an employee harassing another employee. Regardless of the specifics of the allegation at hand, there are some steps that employers should always take at the start of the process. Having a workplace investigation plan ready before you need it is one of the keys to success. Workplace investigation 101: What to do when an allegation is...(read more)

Tip for HR: Don't Be a Management Tool

Jennifer Carsen, Esq. — Tue, 04 Jun 2013 13:30:00 GMT

Yesterday , SHRM’s top-rated speaker, attorney Jonathan Segal, offered the first 10 of his “they won’t tell you but I will” principles. Today, 11 to 15, plus an introduction to an upcoming webinar focusing on an important aspect of your career in HR. Segal, who is a partner with law firm Duane Morris LLP, combined what he’s found in engagement surveys, discussions with CEOs and COOs, and his own observations in a well-attended session at the SHRM Employment Law and Legislative...(read more)

Tough Love: What Your Employees Won’t Say About HR, But I Will

Jennifer Carsen, Esq. — Mon, 03 Jun 2013 13:30:00 GMT

SHRM’s top-rated speaker, attorney Jonathan Segal, has distilled what he’s learned about HR—by listening to non-HR people—into 15 principles all HR managers should abide by. Segal, who is a partner with law firm Duane Morris LLP, shared what he’s found in engagement surveys, discussions with CEOs and COOs, and his own observations in a well-attended session at the SHRM Employment Law and Legislative Conference in Washington, D.C. Here are Segal’s 15 principles...(read more)

Executive Brief: HRCI Explains Exam Construction, Recertification, GPHR

Jennifer Carsen, Esq. — Fri, 31 May 2013 10:35:00 GMT

HR Daily Advisor Editor Stephen D. Bruce recently conducted a wide-ranging interview with Linda Anguish, director, Credentialing Products & Services, at HR Certification Institute. Topics covered included exam construction, recertification problems, and the GPHR (Global Professional HR) designation. Here’s a transcript of the interview: HRDA: This is Steve Bruce for the HR Daily Advisor. I’m here with Linda Anguish from the HR Certification Institute. Linda, would you like to tell...(read more)

Can You Delay FMLA over Late Notification? Maybe, But …

Jennifer Carsen, Esq. — Thu, 30 May 2013 13:30:00 GMT

When employees fail to follow regulatory guidelines for FMLA notifications, can the employer delay the leave? It’s a tricky question. Here are the answers: Proper Notice Required First of all, for the onset of an employee's FMLA leave to be delayed due to lack of required notice, it must be clear that the employee had actual notice of the FMLA notice requirements. This condition would be satisfied by the employer's proper posting of the required notice at the worksite where the employee...(read more)

Work from Home Is Not FMLA Leave

Jennifer Carsen, Esq. — Wed, 29 May 2013 13:30:00 GMT

Today, we look at some tricky FMLA situations, including whether telecommuting from home can be considered FMLA leave, and also what happens when missed overtime intersects with FMLA leave. Work at Home During FMLA Leave Frequently, an employee who is physically unable to come to work will perform some work for the employer from home. This has become more and more common as technological advances have made it easier for workers to perform work and communicate with coworkers from any distance. Work...(read more)

Free Report Friday, July 12: Employee Orientation: How To Energize, Integrate, and Retain Your Newest Hires

Jennifer Carsen, Esq. — Wed, 29 May 2013 12:11:00 GMT

As the economy continues to improve, you’ll likely spend more time and money this year finding and hiring new employees. Unfortunately, many employers start new workers off on the wrong foot by offering ineffective (or even off-putting) orientation and onboarding programs. Given the extremely high cost of replacing good workers (up to 150 percent of their salary and benefits, surveys say, not to mention workplace disruption and loss of productivity), you’ll see big dividends immediately...(read more)

Q&A on PTO policies in California

Jennifer Carsen, Esq. — Tue, 28 May 2013 18:24:00 GMT

Administering a new PTO policy can be tricky, especially in California where accrued vacation days are counted as accrued wages. It’s imperative to understand how PTO days are treated under the law. In a recent CER webinar, Dan Chammas talked about the differences between vacation policies and PTO policies. He then answered questions on avoiding discrimination with PTO policies, legal reasons to withhold accrued PTO payouts, and more. Here’s a sample: Q. What potential discrimination...(read more)

Keeping Drugs and Alcohol Out of Your Workplace: CER Announces an Important Webinar

Jennifer Carsen, Esq. — Thu, 23 May 2013 13:30:00 GMT

Most drug and alcohol abusers seek work—and some may be filling out applications in your lobby right now. What are the legal, workable, and effective ways to keep them out? As we reported in yesterday's CED , most abusers of drugs and alcohol are in the workplace, but they aren't doing you any favors by being there. Studies show greater absenteeism, poorer health, and probably poor effort and output. Well, it gets worse. According to the federal Occupational Safety and Health Administration...(read more)

Are You the 'Employer of Choice' for Drug and Alcohol Abusers?

Jennifer Carsen, Esq. — Wed, 22 May 2013 13:30:00 GMT

A recent study shows that most illicit drug users and heavy alcohol users are employed. That means they’re possibly working for you. If you are not testing, you're likely an "employer of choice" for all the wrong reasons. Ah, the joys of drug testing. Nothing quite like trying to ferret out users of the Whizzinator (the popular drug-test-defeating device that delivers heated synthetic urine). It's no surprise that many HR managers would rather not deal with drug and alcohol...(read more)

Social Media Badmouthing, Ownership, Privacy

Jennifer Carsen, Esq. — Tue, 21 May 2013 13:30:00 GMT

Yesterday’s CED covered the first four tentacles of the Social Media Octopus. Today, four more tentacles—plus an invitation to the only California HR conference you need to attend this year. The eight tentacles come from a recent BLR/HRHero-sponsored webinar featuring Patricia Trainor, J.D., and Stephen Bruce, Ph.D. Attorney Trainor is BLR’s senior managing editor, HR; Bruce is editor of the HR Daily Advisor . (BLR is CER’s parent company.) [Go here for tentacles 1 to 4.]...(read more)