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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, […]

Whom Would You Choose as Your Career Coach?

The other day, a colleague sent me the results of a survey that says Americans would like to have Vince Lombardi or Oprah Winfrey as their coach. That got me thinking. It got me thinking about whom I would choose as my coach. Who should be in the running? What makes each an appealing choice? […]

The FCRA Dance—Steps Are Easy, Mastery Hard

“To avoid employee problems, avoid problem employees,” says attorney Lester Rosen. That means background checks, and that means engaging in the delicate dance of FCRA. FCRA (Fair Credit Reporting Act) is a bit of a misnomer, says Rosen, because it’s not limited to credit reports—it also covers other information employers want, including public records, employment, […]