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From the CEA Mailbag: Are Paid Birthdays Off the Same as Vacation?

A California Employer Advisor reader asks: Our company policy gives employees their actual birthday off with pay. A birthday that falls on a Saturday, Sunday, or holiday will be taken on the preceding or following workday. Subject to a supervisor’s approval, employees may take another day off, but it must be within one week of […]

Consider the Big Picture Before Terminating Pregnant Employees

An employee takes pregnancy-related medical leave. While she’s out, you discover that she falsified certain time sheets and billing records. On the day she’s set to return from leave, you instead tell her that she’s being terminated. The employee sues for pregnancy discrimination. Should you be worried? You should think long and hard before terminating […]

Employees to Get Stimulus Bonuses Starting…Now!

As part of the new stimulus package, many workers will be seeing a little extra cash in their paychecks beginning this month—in the form of a reduced federal income tax withholding called the Making Work Pay Tax Credit. For employers, this means that payroll calculations need to be adjusted to ensure that the lowered withholding […]

IRS Defines Involuntary Termination for COBRA Subsidy Eligibility

The federal stimulus package contains a COBRA premium subsidy for employees who are “involuntarily terminated” between September 1, 2008 and December 31, 2009. The Internal Revenue Service (IRS) has recently published guidance for employers on what an “involuntary termination” is for the purpose of determining which employees should be sent the required COBRA subsidy notices. […]

Employee Retention & Engagement

The California Department of Fair Employment and Housing (DFEH) recently issued a decision that reads like a “what not to do” in response to employee complaints. When one employee complained to her manager about sexual harassment and assault by a coworker, the company looked into the matter but failed to protect her. In fact, the […]

From the CEA Mailbag: Paying Employees for On-Call Time

The best questions always come from our CEA subscribers—the ones toiling away in the HR trenches. During each month we’ll reprint some of the questions they’ve put to our editors, and the answers we’ve provided. Here’s one that many employers have wondered about:  What are the pay requirements when a non-exempt employee is on-call by […]

Stimulus COBRA Subsidy: New Notices Every Employer Must Use

The new stimulus package, called the American Recovery and Reinvestment Act of 2009 (ARRA), provides COBRA subsidies for certain employees terminated or laid off between September 1, 2008 and December 31, 2009. The subsidy reduces an employee’s COBRA premium by 65% for up to nine months, provided that the employee meets the eligibility requirements. Last […]

Alternative Work Week Rules Revised

Recognizing that a tough economy requires greater flexibility, California recently amended Labor Code Section 511, the law that governs how employers may implement alternative work week (AWW) schedules. In addition to weekly overtime, California employers are required to pay nonexempt employees daily overtime if an employee works more than eight hours in a day. An […]

Reducing Hours Can Forfeit Exempt Status

It’s nearly impossible to go even a day without seeing news headlines about the latest layoffs. Many employers find themselves desperately brainstorming how they can reduce expenses without having to reduce their workforces. Reducing the number of hours for exempt employees is one option that can provide budget relief, but employers should take care that […]

Take Time to Learn the Law on Unpaid Time Off

An employee comes to you asking to take time off to meet with school officials because his child was suspended. Do you have to grant the request? What about for jury duty, or because the employee witnessed a crime? Are you required to permit employees time off to vote? In addition to the big leave […]