Fullerton-based SASCO Electric, Inc., maintained a 70-foot yacht, El Navegante, to entertain customers and business
associates. For four months of the year, the boat was docked in Mexico, where it picked up company guests for shortand
long-term cruises. The boat was captained by "Martin."
In a decision favorable to employers, the California Supreme Court ruled Feb. 18, 2010, that the state labor code's "kin care" provision does not apply to sick leave policies that provide an uncapped amount of paid leave. The 1999 law requires employers that offer accrued sick leave to allow workers to use half their annual accumulated leave to care for spouses, children, parents or domestic partners. California businesses are not required to provide sick leave, but those that do must comply with the kin care measure.
The California Supreme Court’s November 2009 decision in Roby v. McKesson
Corporation has received extensive media attention because it strictly limited the
punitive damages available to the plaintiff in a lawsuit alleging workplace harassment
and discrimination. However, a potentially far more important holding in Roby has gone
relatively unnoticed. Specifically, the court announced a new rule that will significantly
impact employers and human resources professionals: the same evidence used to prove
a claim of discrimination can now also be used as evidence of workplace harassment. For
example, personnel actions such as poor performance reviews or unpleasant work
assignments—if motivated by bias—can support allegations of both harassment and
discrimination. Thus, it is now easier for plaintiffs to prove their claims, and employers
may face expanded liability.
In a small office that has only one manager on-site, it can be very difficult to ensure that that person won’t violate
company policies. However, as one company recently learned the hard way, there are steps you should take to limit
the company’s liability for a rogue manager’s actions.
Manager Was Nightmare for Female Employees
"Ramon" was the part owner and on-site manager for Fresno-based Artifer USA, an American subsidiary of an Italian
company.
A new law in California will require employers to provide at least 10 days of leave a year to allow voluntary members of the California Wing of the Civil Air Patrol (the civilian auxiliary of the U.S. Air Force) to respond to emergency operational missions. The law, which applies to employers who employ more than 15 employees, takes effect Jan. 1, 2010.
He seemed like the perfect hire ... at first.
A while ago I needed to hire an accounts payable person for my picture-framing business. We put an ad in the paper and received a good number of applications. One candidate jumped out from the pile: He had exactly the right background, and it didn't hurt that he asked for a slightly lower salary than we were planning on paying.
A California Court of Appeal has ruled that the "special errand doctrine" may allow an employer to be held liable for personal injuries caused by an employee returning from a business trip.
The Fair Labor Standards Act (“FLSA”) covers all individuals employed by a covered employer, though certain employees are exempt from some or all of the law’s requirements. These exemptions include “bona fide volunteers.”
With the disclosure of personal information now rampant on social networking sites like Facebook and Twitter, it sometimes seems like privacy is a relic of the past. Don't be fooled: privacy is a hot legal topic with serious implications for employers.
This short technical assistance document answers basic questions about workplace preparation strategies for the 2009 H1N1 flu virus (swine flu) that are compliant with the Americans with Disabilities Act (ADA). Because this situation is rapidly evolving, employers should consult their local public health authorities and the Centers for Disease Control and Prevention (CDC). For key facts on the H1N1 flu virus, see http://www.cdc.gov/.
Research shows that employees who feel that their personal and family priorities are accepted and acknowledged by their managers and their organizations are more engaged and more productive at work.
The law prohibits asking certain questions of applicants and employees (such as their religion, medical condition, and so on).
If you make mistakes in classifying non-exempt and exempt employees in California, the "DLSE will get you," Jennifer Shaw, an attorney with Shaw Valenza LLP in Sacramento, told attendees at a June 30 session during SHRM's 61st Annual Conference & Exposition called "Top 10 Ways to Violate California's Wage-Hour Laws."
Where California has gone, the federal government often follows, San Francisco-based attorney Mary L. Topliff said during her Tuesday morning session, "Leaves of Absence and Other Time-Off Challenges in California," at SHRM's 61st Annual Conference & Exposition. And that can mean overlapping state and federal employment regulations that result in headaches for HR professionals.
MIAMI—The Internet seems to be an almost limitless platform for those eager to surprise and shock, including revelations by a new generation of employees with a soft spot for "the fictitious universe where everyone cares about what they think and needs to know right now," remarked Joshua Davis, an attorney with Ogletree Deakins in Boston at the firm’s 2009 Workplace Strategies Conference here.
The 9th U.S. Circuit Court of Appeals ruled that the Ontario, Calif., Police Department's search of a sergeant's text messages violated Fourth Amendment rights and California constitutional privacy rights because senders and recipients of text messages have a reasonable expectation of privacy in the content of text messages.
As baby boomers age, many are taking on elder care responsibilities. According to a 2004 national caregiver survey, there are 44.4 million family caregivers in the United States, and 60 percent of these caregivers are employed. While elder care concerns affect an increasing segment of the workforce, they are often hidden by employees and overlooked by employers. But it is likely that in the not too distant future, more workers will look to their employers for assistance with elder care issues.
The American Recovery and Reinvestment Act of 2009 (ARRA), the financial stimulus law signed by President Barack Obama on Feb. 17, 2009, includes significant changes to the COBRA continuation coverage rules. In general, the ARRA:
Affirming judgment in favor of the employer in an action for late payment penalties under Section 203 of the California Labor Code, a state Court of Appeal has held that such penalties may not be recovered as restitution under the California Unfair Competition Law (UCL) (Cal. Bus. & Prof. Code § 17203) (Pineda v. Bank of Am., N.A., No. A122022 (Jan. 21, 2009)).
The latest “lawsuit du jour” in California is taking aim at employers that misclassify workers as independent contractors, according to Betsy Johnson, an Epstein, Becker & Green attorney in Los Angeles.
At a Jan. 27 National Press Club briefing in Washington, D.C., Johnson said classification challenges are on the rise in other states as well, including Illinois, Massachusetts, Michigan, New Jersey and New York. She told attendees that they should “expect to see a lot more activity, especially if federal legislation” on independent contractor misclassification passes.
The American Recovery and Reinvestment Act, the new stimulus package signed by President Barack Obama on Feb. 17, 2009, imposes significant new Health Insurance Portability and Accountability Act (HIPAA) privacy and security requirements on health plans, business associates and other vendors of personal health records. The bill also includes appropriations for health information technology (HIT) and new HIT requirements for the government sector (or businesses who have government contracts). The HIT and HIPAA requirements fall under the Health Information Technology for Economic and Clinical Health (HITECH) Act.
With all the organizational demands and pressures of leading, our jobs are taking a toll. Globe-trotting execs are exhausted by time changes and brutal schedules. Employees are stressed-out, anxious and sleep deprived. And, it seems, everyone is just a bit more edgy about keeping their jobs and making ends meet.
In the not so distant past, employers could protect themselves when terminating employees by changing locks, monitoring the removal of personal items from desks and lockers, and, if potential violence were a concern, escorting the employee from the premises with security at hand.
The workplace is ailing from an under-management epidemic. The reason: The vast majority of those in leadership and supervisory positions fail to provide their direct reports with the most basic elements of supervision.
In a perfect world employees would always get along, there would be no such thing as a difficult person, and the office would remain a calm harmonious place to work. A lovely thought, isn't it?
The employee handbook is recognized by human resource professionals as an essential tool for communicating workplace culture, benefits and employment policy information to employees. An employee manual typically describes information about the employer’s employment practices, company benefits, equal opportunity commitments, attendance guidelines, pay practices, leave of absence procedures, safety issues, labor relations matters and sanctions for misconduct.
In a culture of empowerment, where so many employers strive for a leaner, flatter management hierarchy, supervisors are increasingly called upon to make risky, potentially costly personnel decisions. This is an especially dicey responsibility during tough economic times, when disgruntled former employees are having a more difficult time finding work.
The U.S. Equal Employment Opportunity Commission (EEOC) has issued a new Enforcement Guidance on Unlawful Disparate Treatment of Workers with Caregiving Responsibilities. This document illustrates circumstances under which discrimination against a working parent or other caregiver constitutes unlawful disparate treatment under the federal EEO statutes.

