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The FLSA Won’t Help You Because You Don’t Work Here

If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer letter (at least in the 4th Circuit). The 4th U.S. Circuit Court of Appeals ruled […]

Are You Paying the Right Overtime Rate?

Under both California and federal law, nonexempt employees must be paid daily and weekly overtime at the rate of 1.5 times the employee’s “regular rate” of pay. Daily double-time must be paid at 2.0 times the “regular rate.”

Health Reform Law Upheld by U.S. Supreme Court

The health care reform law was upheld today in the U.S. Supreme Court, which concluded that the controversial individual mandate is a tax and therefore falls into Congressional authority in the Taxing Clause of the Constitution. Chief Justice Roberts’ ruling was based on logic that was not the key focus of in oral arguments last […]

Has Safety Landed on Your HR Desk Yet?

By Jennifer Carsen, Esq. Just My E-pinion Is safety part of your portfolio yet? In more and more organizations, HR is taking over safety management. Fortunately, HR managers tend to make great safety managers. In fact (don’t tell the safety people), they often do a better job than technical safety experts do.

Filipino Hospital Workers Sue Over English-Only Rule

A group of 52 nurses and staff is seeking to join an August complaint filed by the EEOC against the Delano Regional Medical Center, an acute care facility in the San Joaquin Valley. The complaint alleges illegal bias in the hospital’s enforcement of an “English-only” rule; the employees claim that Tagalog was banned, but that […]

News Notes: New Ruling Clarifies ADA Light Duty Obligations

Several injured prison guards who lost their jobs after their doctors prohibited them from having direct contact with inmates were not discriminated against under the Americans with Disabilities Act, according to a new ruling by the federal appeals court that covers California. The King County Department of Adult Detention initially accommodated the guards’ injuries by […]

Potential Pitfall in Social Media Screening of Potential Hires

The Internet Age and, more specifically, the social media age have added a new element to the hiring process. Rather than relying predominantly on what employees say about themselves on their résumés and cover letters, or what their handpicked cheerleaders say about them in letters of recommendation, employers can easily type a candidate’s name into […]

Turnover Focus Brings Bottom Line improvement

To tame turnover, says consultant Karl Ahlrichs, SPHR. Focus on the employees you really want to keep. You’ll have a much better shot at improving the bottom line. And going one step further—if we can do a good job of managing turnover among top producers, we’ll improve other key metrics like retention of customers, says […]

‘Mini-med’ plans get a new lease on limits

Employer sponsored health plans that set low annual limits on “essential” benefits have been able to apply to HHS for a waiver if they can demonstrate that compliance with June 28, 2010 interim final rules phasing out such caps would cause a “significant decrease in access to benefits or a significant increase in premiums.” Waivers […]

Former National Guardsman Prevails on Reemployment Claims Against Employer

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) provides, at its core, reemployment rights for employees returning from military service and protection from employment discrimination following reemployment. Last month, the U.S. Court of Appeals for the Sixth Circuit clarified that a qualified service member’s reemployment rights can’t be delayed or otherwise limited […]