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“Prison terms of up to 10 years could be imposed on officers and directors of companies that knowingly violate OSHA rules under a proposed revision to the Occupational Safety and Health Act now advancing through Congress,” reported Jim Stanley, a former Deputy Assistant Secretary of Labor, on his Workplace Safety blog. He said that the […]
The feds estimate that 70 percent of employers are not in compliance with the federal Fair Labor Standards Act (FLSA). “That’s a gross understatement,” says William J. Anthony, Esq. He suspects that it’s more like 95 percent that are not in compliance with either federal or state laws on wage and hour matters.
First rule of auditing: Before you start, get legal advice on how to keep the results confidential. Otherwise, in the event of a suit, you’ll likely have to reveal the results of your audit. And the second rule of auditing: Be sure that management is willing to make corrections if infractions are found. If your […]
By Suzanne Porteous and Wendy Wang The bad news is that one of your employees has just commenced a long-term disability (LTD) leave. You may well have concerns like: (1) Will the employee ever return to work? (2) If so, when? (3) What accommodations would be needed to allow a return to work? (4) What […]
FMLA hassles never seem to end. Some of the most confusing issues revolve around holidays, overtime, and the 12-month method. Today’s Advisor will clarify these tricky points. What Happens When a Holiday Occurs During FMLA Leave? The fact that a holiday may occur within the week taken as FMLA leave has no effect, and the […]
Litigation Value: $0. Now that we’re into the summer season of recycled shows, we’ll assume that all stale claims are time-barred. Plus ça change, plus c’est la même chose. Or so we thought. With a doubleheader of The Office repeats on last night’s schedule, this blogger was getting ready to post a rehash of two […]
Job Descriptions in California: How To Tackle Tricky Drafting Hurdles
The 2008 ADA Amendments Act (ADAAA), which went into effect on January 1, 2009, greatly expanded the number of medical conditions that likely will be recognized as disabilities under the law. More disabilities mean more accommodation requests and more opportunities for employers to be second-guessed by the government and the courts on how they respond […]
Yesterday we shared a hypothetical posed by Denise Kay, SPHR, Esq. Kay is president of Employment Practices Solutions, Inc., in Lakewood, Colorado. She recently spoke at the Society for Human Resource Management Legal and Legislative Conference in Washington, DC.
In yesterday’s Advisor, Employment Screening Resources (ESR) offered important policy and legal considerations for performing reference checks. Today, we’ll get their specific recommendations, and we’ll take a look at a unique resource for small HR departments. ESR, a Novato, California-based provider preemployment screening services, offers the following suggestions for responding to requests for references: 1. […]