Month: March 2012

States Retain Sovereign Immunity from Suit Under FMLA Self-Care Provisions

In a 5-4 opinion delivered Tuesday, the U.S. Supreme Court held that state employers are immune from suit for damages under the self-care provisions of the Family and Medical Leave Act (FMLA). In the case, Daniel Coleman sued his employer, the Court of Appeals of the State of Maryland, for $1.1 million in damages when […]

Good, Bad, and Just Plain Weird Interviewing

Ever been caught off guard by a job interview question? Most people have because many employers have resorted to asking applicants questions that could be considered offbeat or even off the wall. Thomas Edison reportedly had a list of surprising queries he used when interviewing job applicants. Among his stumpers, as reported on the Mental […]

Not Required, But Necessary

What are the two major challenges for HR that aren’t required but are necessary? Policies and job descriptions? True, no law requires them, but you’re begging for lawsuits if you try to get along without them. Policies/Practices/Protocols Why do you need policies? You don’t want your managers and supervisors deciding on their own how to […]

Morale’s Role in Accommodation Decisions

Yesterday, we looked at the first half of attorney James Brown’s “Top 10” tips for complying with California’s disability bias laws. Today, the rest of the list—plus an introduction to a valuable new resource that will quickly become your indispensable guide to California’s complicated workers’ comp laws.

Undercover Mission for CEOs

The other day, it was pointed out to me  that we Americans like to be comfortable. It may seem like I’m stating the obvious here since no one likes to be uncomfortable. And maybe I am, but hear me out on this one. Do you know what the number one selling chair is in America? […]

Does your State Restrict References’ Qualified Privilege?

In yesterday’s Advisor, we found specifics of the immunity available for giving references in the 50 states. Today, states with special provisions, again with a nod to “The 50×50,” BLR/HRhero’s 50 Employment Laws in 50 States. Qualified Privilege with Restrictions Several states offer a qualified privilege, but with restrictions of one kind or another. AR—reference […]

How to Implement a Workplace Breastfeeding Policy

The letter of the law may only require employers to extend breaks and access to a lactation room to eligible employees on an as needed basis, but many companies are taking a proactive approach and looking to implement policies that will boost employee retention. According to Eileen Shue, vice president of corporate resources for the […]

Why You Need a Retaliation Prevention Policy

Employee retaliation claims are skyrocketing, and in 2011 these claims were the number one complaint to the EEOC. As a result, you need to know how to prevent retaliation claims from happening. At SHRM’s legislative conference in Washington, D.C. earlier this month, California employment attorney Jody Katz Pritikin, presented tips on how to prevent and […]

No Matter How You Pay Them, Tips Belong to Employees

Even non-exempt employees can cause confusion and employer liability under the FLSA. Often, employers run into trouble when attempting to classify their employees for purposes of pay exemptions. But equally tricky is how to pay non-exempt employees who have non-traditional forms of payment, such as tipped employees. The recent slew of major FLSA wage and […]

IRS Voluntary Classification Settlement Program: Proceed With Caution

In a recent move to encourage employers to correct past misclassification of workers, the IRS has established a voluntary compliance program, called the Voluntary Classification Settlement Program, or VCSP. The program permits employers to voluntarily reclassify their workers as employees for future tax periods with minimal tax liability for past non-employee treatment. To participate, an […]