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HR Policies & Administration

Flex Arrangements: Outmoded Laws Are the Chokehold

Posted 7 hours ago

by Jennifer Carsen, Esq.
- 0 Comments
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...
Discrimination, Harassment & Discipline

How Can You Avoid Suits Relating To Hiring Practices?

Posted 05-15-2012

by Jennifer Carsen, Esq.
- 0 Comments
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...
Discrimination, Harassment & Discipline

Beyond Discrimination: What Else Can You Be Sued For?

Posted 05-14-2012

by Jennifer Carsen, Esq.
- 0 Comments
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...
Compensation, Benefits & Leave

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

Posted 05-11-2012

by Jennifer Carsen, Esq.
- 0 Comments
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...
Compensation, Benefits & Leave

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

Posted 05-11-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
HR Policies & Administration

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

Posted 05-10-2012

by Jennifer Carsen, Esq.
- 0 Comments
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...
HR Policies & Administration

Here’s to the Crazy Ones!

Posted 05-09-2012

by Jennifer Carsen, Esq.
- 0 Comments
“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...
Compensation, Benefits & Leave

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

Posted 05-08-2012

by Jennifer Carsen, Esq.
- 0 Comments
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...
Compensation, Benefits & Leave

Exceptions to the Reinstatement Obligation

Posted 05-08-2012

by Jennifer Carsen, Esq.
- 0 Comments
Yesterday , we looked at a case involving a returning military service member who was terminated upon coming back to work. While that particular employee lost his case against his supervisor, the general rule is that you must reinstate returning service members. Today, we’ll look at some exceptions to this rule. Exceptions to the Reinstatement Obligation Under the USERRA and the state Military and Veterans Code, members of the armed services and the reserves generally must be reinstated to...
Compensation, Benefits & Leave

Watch Out for Military-Leave Bias

Posted 05-07-2012

by Jennifer Carsen, Esq.
- 1 Comments
When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country's involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service. Federal and state laws clearly protect service members from discrimination and retaliation, but can service members sue their supervisors for violations? The California Court of Appeals...
HR Policies & Administration

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

Posted 05-04-2012

by Jennifer Carsen, Esq.
- 0 Comments
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...
Compensation, Benefits & Leave

Be Careful When Scheduling Split-Shift Meetings

Posted 05-03-2012

by Jennifer Carsen, Esq.
- 0 Comments
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...
Compensation, Benefits & Leave

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

Posted 05-02-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
Compensation, Benefits & Leave

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

Posted 05-01-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
HR Policies & Administration

Prevent Employee Heat Illness and Fatalities

Posted 05-01-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
HR Policies & Administration

How To Craft Airtight Arbitration Agreements

Posted 05-01-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
HR Policies & Administration

Is Your Pre-Employment Arbitration Agreement Valid?

Posted 04-30-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
HR Policies & Administration

Succession Planning: New Business Environment, New Challenges

Posted 04-27-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
HR Policies & Administration

Use Outcome, Not Method, to Describe Essential Functions

Posted 04-26-2012

by Jennifer Carsen, Esq.
- 0 Comments
Yesterday’s CED covered the two big not-required-but-necessary HR tasks—policies and job descriptions. Today, specifics on essential functions, plus an introduction to a popular digital collection of pre-written job descriptions. [ Yesterday’s tips on job descriptions are here. ] Outcomes Over Methods Describe an essential function more as an outcome than a method, BLR’s experts say. That way, you avoid pre-judging employees with disabilities. For example: Not "Uses hand...
HR Policies & Administration

Not Required, But Necessary

Posted 04-25-2012

by Jennifer Carsen, Esq.
- 0 Comments
What are the two major challenges for HR that aren’t required but are necessary? Policies and job descriptions? True, no law requires them, but you’re begging for lawsuits if you try to get along without them. Policies/Practices/Protocols Why do you need policies? You don’t want your managers and supervisors deciding on their own how to handle employment issues. They’re not going to get it right. What’s the likelihood that the average manager or supervisor will make...
HR Policies & Administration

Background Checks for Employment and Personally Identifiable Information

Posted 04-24-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
Discrimination, Harassment & Discipline

What OFCCP Now Expects for Affirmative Action

Posted 04-24-2012

by Jennifer Carsen, Esq.
- 1 Comments
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)...
Discrimination, Harassment & Discipline

OFCCP: Detailed Compensation Analysis in Virtually Every Audit

Posted 04-23-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...
Compensation, Benefits & Leave

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

Posted 04-20-2012

by Jennifer Carsen, Esq.
- 0 Comments
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...
HR Policies & Administration

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

Posted 04-19-2012

by Jennifer Carsen, Esq.
- 1 Comments
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...

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One little mistake complying with workplace policies could cost you a fortune.

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We understand the challenges you face in keeping up to date on the latest state and federal rules, regulations, and court decisions.