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New Year, New HR Ideas

The start of a new year is a good opportunity for you to implement changes in policies and procedures in order to reduce your potential exposure to legal claims and make your business more competitive.

Courts, Colds, and the FMLA

In yesterday’s Advisor, attorney Susan Schoenfeld briefed readers on the issue of colds, flu, and the FMLA. Today, what the courts have to say, plus a solution that may eliminate the problem—a corporate wellness program What the Courts Say At least two federal appeals courts have weighed in on the issue of flus and colds […]

Employees Must Be Paid for Donning, Doffing Required Protective Gear

Continuing the recently established practice of issuing broadly applicable “Administrator Interpretations” in lieu of wage and hour opinion letters, U.S. Department of Labor (DOL) Deputy Administrator Nancy Leppink has released the second Administrator Interpretation of 2010. The interpretation, issued June 16, clarifies the definition of “clothes” under the Fair Labor Standards Act (FLSA), addressing some […]

News Notes: WARN Act Violation Requires Employers To Pay only For Workdays

The Worker Adjustment and Retraining Notification Act (WARN) requires employers with 100 or more employees to give workers at least 60 days’ written notice of a pending mass layoff or plant shutdown. Instead of giving notice, you can pay workers for the 60-day period. Now, the Ninth Circuit Court of Appeal, which covers California, has […]

Employee Lawsuits: Workers’ Comp Release Barred Sexual Harassment Claim; 4 Tips You Can Use

Mary Jefferson, a teacher’s assistant for the California Youth Authority (CYA), said that a CYA teacher and his students regularly used derogatory language when referring to women, such as “bitch,” “whore” and “slut.” Jefferson filed a workers’ compensation claim, contending that she suffered work-related stress from a sexually hostile work environment. Jefferson also filed a […]

Hot List: New York Times Bestselling Paperback Business Books

The following is a list of the bestselling paperback business books as ranked by the New York Times on June 14. 1. The Blind Side: Evolution of a Game by Michael Lewis. The evolving business of football, viewed through the rise of the left tackle Michael Oher. 2. The Tipping Point: How Little Things Can […]

Reassigning Disabled Employees: New Cases Highlight When You’re Obligated-And When You’re Not; A Road Map To Follow

What if an employee becomes disabled and there’s no reasonable accommodation that would enable the person to keep working in their existing position? In this relatively common situation, according to two recent Americans with Disabilities Act cases, you may have to find the worker a new job. We’ll look at these decisions and give you […]

Court Gives Employee Extra Time to File Bias Charge

When an employee with a discrimination beef voluntarily pursues an internal administrative remedy—such as a grievance or complaint procedure—prior to filing a discrimination complaint under the California Fair Employment and Housing Act (FEHA), does that extend the time the employee has to file a FEHA charge? The California Supreme Court, in a new case, says […]

New California Employment Laws: Get Prepared

Governor Jerry Brown recently vetoed four of the five bills the California Chamber of Commerce identified as “job killers.” The one job-killer bill signed into law is Assembly Bill 22, which severely restricts a prospective employer’s use of credit reports to screen applicants.