Month: August 2009

Can a Single Employee Elect an Alternative Work Week?

We are an employer with fewer than 10 employees. Can a single employee elect an alternative work week? If she does, can she work weeks that look like this?: M-10, T-3, W-5, Th-8, F-4, Sa-10 First, the alternative work week rules apply to all California employers regardless of the size of the company, although there […]

Is Discretionary Paid Vacation A Good Idea?

I have a client that is a start-up company that I’m helping set-up up Policies & Procedures for their Handbook. They currently do not have any formal Time-off policy and do not want any established Company Holidays, amount of sick days per year or amount of vacation days per year. What they want and currently […]

Can You Still Tell a Joke in the Office?

Yesterday’s Advisor presented attorney Jonathan Segal’s practical tips for dealing with harassment. Today, we continue with his comments on jokes in the office and his important messages for supervisors. Segal’s remarks came as part of his “Harassment Quiz” at SHRM’s recent Annual Convention and Exposition in New Orleans. Segal is a partner in the Philadelphia […]

New Case: Corporate Officers May Be Forced to Pay Out-of-Pocket Under FLSA

In 2005, the California Supreme Court ruled that, under state law, individual managers and corporate officers couldn’t be held personally liable for unpaid wage claims. In other words, only the company could be forced to pay back wages. This was an important victory for California employers (Find out more on the 2005 case). But the […]

How Many ‘F Bombs’ Before It’s Illegal?

How many “Fs” does it take until it’s illegal? “You don’t care,” says attorney Jonathan Segal, “because long before it’s illegal it’s unacceptable, and you should act.” It all depends, says Segal. Say someone just got some terrible news and he says, “Oh, f—.” Is that harassment? No, says Segal, but it may be inappropriate. […]

Suing Departing Workers for Wages, Training Expenses

Recouping expenses, like training-related expenses, from departing employees can be tricky. As many employers are aware, contractual provisions that penalize a departing employee will generally not be enforced by the courts. In addition, if a contractual clause looks like it’s actually trying to restrain an employee from competing with similar businesses, courts are similarly unlikely […]

Blogs, Rants, and Tweets: Can You Stop Them?

In yesterday’s Advisor, we featured attorney Joseph Beachboard’s tips for employers doing background checks using social websites. Today, we move on to his specific recommendations and introduce an audio conference on controlling blogs and other Internet challenges. Beachboard’s comments came at the recent SHRM Annual Convention and Exposition in New Orleans. He is a shareholder […]

Hot List: New York Times Bestselling Hardcover Business Books

The following is a list of the bestselling hardcover business books as ranked by the New York Times on August 10. 1. Outliers: The Story of Success by Malcolm Gladwell. hy some people succeed — it has to do with luck and opportunities as well as talent — from the author of Blink: The Power […]

Background Checks on MySpace—Dangerous or Due Diligence?

Is it now negligence if you don’t do background checks on MySpaceTM and Facebook? “We’re not there yet for every job,” says attorney Joseph Beachboard, “but it’s getting there for sensitive jobs like installers and home care providers.” Beachboard’s comments came at the recent Society for Human Resource Management (SHRM) Annual Convention and Exposition in […]