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‘Choose Child or Job’: Manager’s Comment Sends ADA Suit to Trial
A manager’s comment has allowed an employee to keep her disability discrimination claim alive, according to a recent court ruling. In Manon v. 878 Education, LLC (No. 12-cv-3476 (March 4, 2015)), a worker alleged that she was fired because her daughter has a disability; her claims survived summary judgment because she was able to show that her […]
Employee Exemptions: Appeals Court Limits the Administrative Exemption
The federal Fair Labor Standards Act (FLSA) and California law exempt certain administrative employees from overtime; the requirements for the administrative exemption under California law are stricter than the FLSA. To qualify for this exemption in California, an employee must: 1) earn a salary equal to at least twice the state minimum wage; 2) perform […]
Resources to Help You All Year Long
Need help with an FMLA issue? Having difficulty determining whether an employee’s time off qualifies under the California Family Rights Act, the state counterpart to the FMLA? At the Employer Resource Institute, we offer valuable resources that can put the information you need right at your fingertips, 24 hours a day, every day of the […]
Tips to Help Employers Manage Salary Expectations
Employees have certain expectations when it comes to salary. While a company may not be able to meet all expectations, creating a culture that addresses issues related to pay can positively impact employee engagement and retention, as well as recruiting and hiring.
Supreme Court ruling allows ‘travel ban’ Executive Order to take limited effect
On June 26, the last day of the current term, the U.S. Supreme Court agreed to determine whether the “travel ban” Executive Order’s (EO) focus on primarily Muslim countries violates the First Amendment to the U.S. Constitution and whether the EO exceeds President Donald Trump’s authority granted by the Immigration and Nationality Act (INA). The […]
NLRB May Make Significant Changes Even Without EFCA
The National Labor Relations Board (NLRB) celebrated the 75th anniversary of the National Labor Relations Act (NLRA), which created the Board. Commenting on the stalled so-called Employee Free Choice Act (EFCA), Chairman Wilma Liebman noted that congressional inaction on the EFCA may contribute to the “flip-flopping” with which the Board has been accused. She also […]
Bush Orders Federal Contractors to Use E-Verify
Update: E-verify deadline moved to September 2009 On June 6, President George W. Bush issued an executive order requiring all federal government contractors to use E-Verify to verify the work authorization of all new hires and existing personnel assigned to perform work on future federal contracts. The amended Executive Order 12989 states: “Adherence to the […]
Wage And Hour: Employer Takes Big Hit For Not Paying Overtime To On-Call Workers; Practical Pointers
If you use on-call employees, it’s important to understand when you have to pay for their on-call time. In a recent case, an employer failed to properly compensate its on-call workers and was clobbered with a steep bill for two years of back overtime. We’ll provide guidance to help you determine when you must pay […]
Employee Leave: Crime Victims and Their Families Get New Leave Rights on January 1
A new law permits employees who are the victims of serious crimes and relatives and domestic partners of crime victims to take unpaid leave from work to attend legal proceedings. The law goes into effect Jan. 1, 2004.