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The Exemption-Killer: Exempt Pay Docking

Generally, if you dock the pay of exempt workers, you kill their exemption because you are treating them like nonexempts. You could easily owe a few years’ worth of overtime. But DOL does allow docking in certain circumstances. Here are those exceptions, along with a resource to make sure FLSA disasters don’t befall you. In […]

Recruiting the Workforce of the Future

Ralph Gaillard reviews the book Recruiting the Workforce of the Future by Bruce Tulgan. Review praises book’s striaghtforward advice and checklists to help HR recruit the right employees. Let’s face it: Recruiting is no picnic. In fact, it’s one of the biggest headaches facing HR today. The pressure to find that perfect candidate has never […]

Bereavement Leave (Employee Version): HR Form of the Week

It’s a sad situation that every employer must face at one time or another—the death of an employee’s family member. While no federal or California law requires employers to provide bereavement leave in this situation, most employers do allow employees a few days off when an immediate family member dies, and sometimes the leave is […]

Employment Law Tip: Voting Time Off Checklist

On Tuesday, Feb. 5, 2008, Californians will go to the polls to vote in the presidential primary election—and this means it’s time for California employers to brush up on their voting leave and posting compliance duties. Here’s a quick checklist you can use:

Unions: NLRB Says Employers Can Restrict Use of Company Email for Union Purposes

In an important development, the National Labor Relations Board (NLRB) has ruled 3-2 that an employer didn’t violate federal labor relations law by maintaining a policy that barred employees from using the employer’s email system for union activities and other non-job-related solicitations. Join us this fall in San Francisco for the California Employment Law Update […]

Family and Medical Leave: Bush Vetoes Bill with FMLA Expansion

President Bush has vetoed legislation that, among other things, would have amended the Family and Medical Leave Act (FMLA) to permit employees to use leave in certain circumstances when their spouse, child, or parent is called for active duty in the military. The FMLA amendment was part of a broader defense measure, H.R. 1585.

The Top 10 FLSA Disasters (… Or How to Morph a Miniscule Pay Problem into a Massive Lawsuit!)

Because class action status can change a small comp issue into a massive lawsuit—one very attractive to contingency lawyers—Fair Labor Standards Act (FLSA) lapses could be your most dangerous mistakes. Here are 10 of the most common management moves that create Fair Labor Standards Act (FLSA) disasters. (Pay attention because you don’t want to be […]

Terminating for cause? How to limit your liability in Canada

By Karen Sargeant and Brian P. Smeenk You’ve likely been in this situation before: One of your employees has engaged in questionable conduct. You’re in the process of investigating and are considering whether you should terminate the employee for cause. How do you go about it under Canadian employment laws? Be careful Terminating an employee’s […]