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California Supreme Court Clarifies Termination Pay Statutes

The California Supreme Court has ruled unanimously that for purposes of Labor Code provisions requiring payment of wages immediately upon “discharge”—and imposing waiting time penalties for delays—the term “discharge” doesn’t just mean getting fired or laid off; it also includes when an employer releases an employee after completion of the specific job assignment or time […]

Business Travel: Can You Help Us Sort Out Nonexempt Travel Time Pay?

We’ve got issues regarding nonexempt travel pay. Many of our nonexempts travel, typically leaving their homes on Sunday afternoon for an all-day Monday meeting, and then returning home late Monday night. In addition to reimbursing their travel expenses, what pay do we owe them for the travel on Sunday afternoon and Monday night? Is it […]

Top 10 OSHA citations of 2014

by John E. Hall The Occupational Safety and Health Administration’s (OSHA) most-violated standards for fiscal year (FY) 2014 were recently announced at the National Safety Council Congress and Expo in San Diego, California. Once again, there were few surprises. Employers would be wise to assess their efforts to comply with the 10 identified standards.  In […]

Telecommuting Not Required for Worker With Chemical Sensitivity

While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]

Complain About Me? I Don’t Think So

HR managers have a balancing act to perform in preventing retaliation, says Attorney Judith A. Moldover. You’ve got the manager storming around, saying "I’m going to get this person—can I fire him today?" And you’ve also got a complaining employee who is strutting around thinking he or she is bulletproof. Find the balance, Moldover says. […]

Mandatory Federal Labor Law Poster Change for GINA

On October 23, 2009, the U.S. Equal Employment Opportunity Commission (EEOC) released a new Equal Employment Opportunity is the Law poster, which includes information on the Genetic Information Nondiscrimination Act (GINA). The poster was updated to include information about GINA, specifically that employers are prohibited from discriminating against applicants and employees on the basis of […]

Stereotypes Are Alive and Well

We are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotypes associated with their group. — U.S. Supreme Court Price Waterhouse Facts Brenna Lewis started working for Heartland Inns, a small hotel chain, in July 2005. She mainly worked as a night-shift auditor, and in the […]

Social Media—You Can’t Unring the Bell

“Social media networks and blogs are now the fourth most popular online activity, ahead of personal e-mail,” says Attorney Cynthia L. Gibson. And they are getting more popular with HR for background checks. Unfortunately, she says, once you turn up information you don’t want, “you can’t unring the bell.” Gibson is senior vice president, Legal, […]