Practical HR Tips, News & Advice. Updated Daily.
Can you clarify for me what a probationary period means in terms of our legal rights as an employer? I thought that if we had a 90-day probationary period, that meant we could easily terminate a new employee without any legal hassles. But I went to a conference, and the speaker said that a) we […]
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 […]
We have two main types of nonemployee workers: temps (who usually work just a few days or weeks) and leased employees (who work basically full time). In both cases, we pay a fee to the agency and the leasing company, and they handle all the employment matters, including hiring, payment, and benefits. My question is […]
A criminal background check on a new employee has revealed that the employee has a warrant for his arrest (drunk driving). The warrant does not appear to have been resolved. Can we discuss this matter with the employee? If so, and if the employee indicates that the matter has been resolved in the courts, can […]
Once we hire an employee, we provide full medical, dental, and vision insurance coverage to the employee, spouse, and children. Are we able to request marriage certificates and birth certificates for eligible family members for the purpose of insurance benefits? We have found that employees will often list nonrelatives for insurance benefits (e.g., a boyfriend, […]
In a new California appeals court decision, an employer learned the hard way about the obligation to accommodate an employee’s religious beliefs and practices—even if they conflict with work obligations. Request to Attend Religious Convention Lester Young, a Jehovah’s Witness, worked for Gemini Aluminum Corp. in Pomona. Young had attended a church convention almost every […]
Many California employers will have to provide sexual harassment training every two years to supervisory employees, thanks to a new law Gov. Schwarzenegger recently signed. Those who are covered will have until January 2006 to comply, but preparations should begin now.
The U.S. Department of Labor (DOL) reports that it has received complaints from thousands of returning military personnel about their reemployment rights under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). To better educate employees and employers about their rights and obligations under this law, the DOL has released draft regulations designed to […]
Appliance installer Morton Wong injured his elbow while employed at Crown Appliance in Modesto. Wong claimed he always had a good working relationship with Crown’s owner, Mary Sanchez, but that things went downhill when he returned to work following the injury. Eventually, the Workers’ Compensation Appeals Board (WCAB) found that Crown illegally discriminated against Wong […]
Do you know when you’re required to provide employees with meal and rest breaks? Are you following the rules? If not, you could be headed toward an expensive legal battle. And a recent spate of wage and hour lawsuits charging employers with violating meal and rest break provisions is focusing attention on these rules.