Time to Get Your Handbook in Order
An updated employee handbook (or personnel policy manual) of policies that are both legally sound and followed consistently is an employer’s best proactive defense, says attorney Marc Jacuzzi.
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In Compliance with Wage/Hour? Not Likely
According to one recent survey, pay violations are rampant, says attorney Laura E. Innes, Esq. For example, more than a quarter of those surveyed reported that they had received less than the minimum wage in the previous week, and 60% of those reported being underpaid by more than $1 per hour. Innes, a shareholder in […]
Supreme Court OK’s Third-Party Retaliation Lawsuit
Yesterday, in Thompson v. North American Stainlessi LP, the U.S. Supreme Court issued an employee-friendly ruling in a third-party (or associational) retaliation case. The Court unanimously held that a man who was fired after his fiancée filed a gender discrimination charge with the Equal Employment Opportunity Commission (EEOC) could sue for retaliation under Title VII […]
MPN Notice Rules
Yesterday, we looked at some of the recent changes imposed by the California Division of Workers’ Compensation. Today, we’ll look at some more of the new rules relating to medical provider networks (MPNs). We’ll also tell you about a webinar tomorrow that you won’t want to miss.
Workplace Monitoring and Canadian Privacy Rights
By Sébastien Lebel and Chris Semerjian Canadian employers have many ways to monitor and control their business operations. However, new technologies — if misused — may lead to violations of employees’ rights. In particular, this raises the question of the extent of employees’ right to privacy. The monitoring of business operations may involve only buildings […]
Warning Signs–Unions Organizing Behind Your Back
In yesterday’s Advisor, attorney Mark Ricciardi presented key reasons why employees are attracted to unions. Today, what you can do about it, and an introduction to a unique training system that will help you to avoid union pressures. Ricciardi, a partner in the Las Vegas office of law firm Fisher & Phillips, LLP, offered the […]
Ask the Expert: Can an employee take FMLA leave to go to a hypnotist if his doctor recommends this to help him quit smoking?
January 7, 2011 It is unlikely that the FMLA would cover leave for hypnosis as part of a program to quit smoking. First, smoking is not an underlying serious health condition. The definition of a “serious health condition” includes an illness, injury, impairment, or physical or mental condition that involves either inpatient care (i.e., an […]
Ask the Expert: Is it better to keep personnel files in a central location or on-site locally?
October 4, 2010 This is really a matter of company policy. Many companies maintain an official personnel file with copies of resumes, applications, offer letters, performance appraisals, training records, salary increases, etc. In addition, the official file should contain any contract or written agreement between the employee and the employer (such as a noncompete agreement), […]
Obama Names GE CEO as Head of New President’s Council on Jobs and Competitiveness
President Obama has named GE CEO Jeff Immelt as head of the new President’s Council on Jobs and Competitiveness. The move is a definite switch from the President’s previous Economic Recovery Advisory Board, lead by Paul Volcker. Now, the focus is not on repair, but on creating new jobs. Immelt knows a little something about […]
Ask the Expert: If an exempt employee has no leave time and he is sick for 2 full days, can we deduct these 2 days from his pay?
October 24, 2009 As you know, under the Fair Labor Standards Act, exempt employees must receive their full salary for any week in which they perform any work, without regard to the number of days or hours worked. However, there are some exceptions to this rule. Sickness and disability deductions are an area of confusion […]