Month: May 2011

Who Gets Access to FMLA Confidential Medical Records?

There are clear rules for segregating medical records from other personnel records and limiting access. If people are not trained, it’s easy (and expensive) to let records get into the wrong hands. Medical records related to FMLA leave must be kept in files separate from other personnel and personnel-related records. Medical records must be treated […]

4 Steps to Investigate Wrongdoing—The Right Way

Be careful how you investigate employee wrongdoing, warn labor experts, or you could be setting the company up for a lawsuit for defamation or invasion of privacy. Follow these 4 steps to avoid potential litigation: 1.) Have a written policy that specifically states the type of unacceptable employee behavior in the workplace and that your […]

Buy-in: Saving Your Good Ideas from Getting Shot Down

Employment law attorney Michael P. Maslanka reviews Buy-in: Saving Your Good Ideas from Getting Shot Down by John P. Kotter, finding that it gives good advice on handling common objections to new ideas. I highly recommend John P. Kotter’s new book Buy-In: Saving Your Good Idea from Getting Shot Down, which teaches you how to […]

FMLA Recordkeeping—Almost Like FLSA?

Unbeknownst to many practitioners, the FMLA has substantial recordkeeping requirements. Fortunately, most employers are already maintaining some of these records to satisfy FLSA and DOL requirements. Specifically, the FMLA requires that covered employers maintain the following records for a 3-year period: 1.Basic payroll information and identifying employee data, including Name Address Occupation Rate or basis […]

Exempt vs. Non-Exempt: California Rules for Overtime

California and federal law generally require that employees working over 40 hours in a workweek be paid an overtime premium rate for those additional hours. California law also requires that employees who work more than 8 hours in a day be paid overtime, and double-time if they work more than 12 hours in a day. […]

Love Lost: Canadian Court Refuses to Defer Buyback of Terminated Employee’s Shares

By Maria Giagilitsis Ontario’s highest court recently ruled that an employer’s right to buy back a senior executive’s shares was triggered on his termination date — not the end of the reasonable notice period. Paul R. Love had argued for the later date. His shares had substantially increased in value during the notice period. Love […]

Which State Laws Make FCRA Just That Much Harder?

In yesterday’s Advisor, we covered attorney Lester Rosen’s first three steps of the “FCRA compliance dance.” Today step 4, plus an introduction to the “Best Workforce Training Solution.” Rosen is CEO of Employment Screening Resources in Novato, California. He offered his four steps at the SHRM Employment Law and Legislative Conference, held recently in Washington, […]