Category: Uncategorized

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Family and Medical Leave: When Can You Require a New Certification of a Serious Health Condition?

Suppose an employee takes time off under the Family and Medical Leave Act (FMLA) for his or her own serious health condition, and you require a healthcare provider’s certification confirming the need for leave. After a year goes by, the employee needs additional leave for the same health problem. Can you require this person to […]

California High Court to Review Medical Marijuana Ruling

In the November 2005 issue of the California Employer Advisor, we reported on a case that highlighted the tension between the requirements of California disability bias law, the state Compassionate Use Law, and the federal Controlled Substance Act, which criminalizes drug use and possession. The case involved an employee who was refused employment after he tested positive […]

Tool of the Week: Leave Laws Guide

Handling employee requests for time off due to illness or injury can be one of the most difficult–and frustrating–parts of an employer’s job. That’s because a complicated array of state andfederal laws governing family leave, workers’ compensation, and disability discrimination may come into play–each involving different rules, definitions, and obligations. And complying with one law won’t […]

Exempt/Nonexempt: How Do We Properly Classify Our IT Workers?

I need some help with the administrative exemption as it relates to IT workers. We are a software consulting firm. Each consultant works pretty independently, managing and doing work on their own projects directly with clients. Their work is a mix of upper-level tasks (systems analysis, training, project management) and lower-level tasks (installing upgrades and […]

Family and Medical Leave: A Spotlight on Time Off for Adoption or Foster Care

A new department of Labor opinion letter sheds light on when an employee does—and doesn’t—have the right to FMLA leave when adopting a child or receiving a child for foster care. We’ll explain the rules and point out some key differences in this area between the FMLA and the California Family Rights Act (CFRA). FMLA […]

Senate Approves Pension Security Bill

It’s no secret that the private pension system in the United States is in crisis. Last week, the Pension Benefit Guaranty Corporation (PBGC), which insures pensions for about 44 million Americans, announced that it has a startling deficit of $23 billion, fueled largely by having to take over pension plan liabilities of bankrupt airlines. But […]

Supreme Court Sides with Workers in FLSA Wage Dispute

The U.S. Supreme Court yesterday ruled unanimously that the Fair Labor Standards Act requires employers to pay workers who are required to don protective gear on the employer’s premises for the time it takes the employees to walk between the changing and production areas. The court also decided, however, that employers need not compensate employees for […]