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5 tips for paying overtime in California

Overtime in California can be a complex calculation, not the least of which is because the state laws for calculating overtime differ from federal law. This issue remains a priority because overtime violation complaints are on the rise. –Claims for unpaid overtime and other missed pay obligations are definitely the lawsuit of the day.– Allen […]

Employee who talks about settlement gets less

By Brian P. Smeenk It’s common practice across Canada, when settling a discrimination or wrongful termination claim, to agree that the deal will remain confidential. What can an employer do if employees fail to honor that agreement? What if they blab about the settlement to their coworkers?

Study Ties Strong Learning Culture to Business Advantages

That is among the findings of a study from Bersin & Associates (www.bersin.com). The study, entitled, High-Impact Learning Culture: The 40 Best Practices for an Empowered Enterprise, found that the majority of organizations that have built strong learning cultures are market leaders with highly productive employees and satisfied customers. “This is the first research to […]

Conspiracy theory

Potential Liability: Angela and Trevor are going to jail. Dwight too? Not even Rainn Wilson’s recent video could keep us from watching this week’s episode, “The Target,” which featured a murder-for-hire plot, a giant comment-card pyramid, and Dwight’s pixelated genitalia. Yikes, indeed. Angela has discovered that her husband, The Senator, is having an affair with Oscar. She does not react well and […]

Rules for providing rest breaks in California

Providing rest breaks in California is just as important as providing meal breaks, and failing to do so could prompt similar penalties if discovered. In fact, meal and rest period requirements have played a huge role in wage and hour litigation for more than 5 years now.

Just how safe is your handbook’s at-will employment statement?

by Tammy Binford It’s hard to think of anything more sacred to employers than the doctrine of employment at will. Employers have long been advised to make sure their employees are aware of their at-will status, meaning that unless employees have an employment contract, they can be terminated for good reason, bad reason, or no […]

Insights from a CEO: How HR can get “a seat at the table”

HR has been working for “a seat at the table” for decades, yet that goal remains elusive. Just being the department in charge of what’s often touted as a company’s most valuable resource – its people – isn’t enough on its own. Despite lofty talk, HR often is still seen as the personnel department, a […]

The FLSA and holiday pay for temporary employees

by Craig Olivo Q: We recently hired a temporary employee for a position that is classified as exempt under the Fair Labor Standards Act (FLSA). With the holidays quickly approaching, will we be required to pay the temporary employee for the holidays observed by our company? A: The FLSA doesn’t require payment for time that […]

In McCutchen, Supreme Court Faces Thorny Decision on ERISA Recovery Rights

A victory by the health plan participant in US Airways v. McCutchen, now before the U.S. Supreme Court, may erode ERISA plans’ ability to enforce plan terms as written, a legal expert tells the blog. In McCutchen, the Court has a very difficult balancing act to answer whether: (1) an ERISA health plan administrator is entitled […]

EEOC’s Confidentiality Requirements Are Too Strict, Court Says

Federal guidance on the Americans with Disabilities Act states that all employee medical information must be kept confidential, but that goes above and beyond what the statute requires, the 7th U.S. Circuit Court of Appeals ruled Nov. 20. Despite what the U.S. Equal Employment Opportunity Commission says, ADA protects only information obtained in response to […]