Month: January 2011

Ask the Expert: How do we calculate monthly bonus payments for attendance into an employee’s pay rate for overtime purposes?

April 10, 2010 Under the federal FLSA, bonus payments are divided into discretionary and nondiscretionary types (29 USC 207; 29 CFR 778.211). Nondiscretionary bonuses are included in an employee’s regular rate of pay for the purpose of determining overtime, while discretionary bonuses are not included in an employee’s regular rate of pay to determine overtime. […]

Ask the Expert: Under the FCRA, can a company do annual and/or random background checks on current employees if it has their consent on file?

December 20, 2010 As you are aware, the ability to do a background check on current employees will depend on whether such a check is authorized by the consent for signed by the employees. Under the federal Fair Credit Reporting Act (FCRA), credit reporting and other investigative agencies may provide background financial and personal information […]

Ask the Expert: Is it better to keep personnel files in a central location or on-site locally?

October 4, 2010 This is really a matter of company policy. Many companies maintain an official personnel file with copies of resumes, applications, offer letters, performance appraisals, training records, salary increases, etc. In addition, the official file should contain any contract or written agreement between the employee and the employer (such as a noncompete agreement), […]

Ask the Expert: Can an employee take FMLA leave to go to a hypnotist if his doctor recommends this to help him quit smoking?

January 7, 2011 It is unlikely that the FMLA would cover leave for hypnosis as part of a program to quit smoking. First, smoking is not an underlying serious health condition. The definition of a “serious health condition” includes an illness, injury, impairment, or physical or mental condition that involves either inpatient care (i.e., an […]

Employers Increase Surfing Controls

There has been a 20% increase in the number of companies blocking employees from using social networking sites. The percentage increases in 2009 vs. 2008 of companies banning web sites by specific categories include: social networking sites, 20%; travel-related sites, 28%; restaurant/bar websites, 27%; sports-related sites, 26%; shopping sites, 26%; job search sites, 19%; and […]

Job Satisfaction Continues on a Downward Trend

In a 2010 job satisfaction survey of 5,000 households, the Conference Board found that 45 percent of respondents said that they are satisfied with their jobs, down from 61.1 percent in 1987, the first year the survey was conducted. The report noted that real average household incomes grew at an annual rate of 2.0 percent […]

Hot List: Wall Street Journal’s Bestselling Hardcover Business Books

The following is a list of the bestselling hardcover business books as ranked by the Wall Street Journal with data from Nielsen BookScan. 1. StrengthsFinder 2.0: A New and Upgraded Edition of the Online Test from Gallup’s Now, Discover Your Strengths by Tom Rath. Are you unsure where your true talents lie? Do you feel […]

Workers’ Comp: New Notices Required

Late last year, the California Division of Workers’ Compensation finalized its amendments to regulations on medical provider networks (MPNs) and the information employers must provide employees.

Why Do Employees Turn To Unions, and What Can You Do to Prevent It?

Employees become interested in unions for many reasons, and money isn’t the most important one, says attorney Mark Ricciardi. Ricciardi is a partner in the Las Vegas office of law firm Fisher & Phillips, LLP. His remarks came at BLR®‘s recent National Employment Law Update in Las Vegas. Ricciardi offers the following as the most […]