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Workers’ Compensation: Employee Gets Six Years to File Comp Claim Because Employer Didn’t Provide Notice of Rights

Thomas Davenport worked for Michael Faeth Cleaners (MFC) under its contract with Camp Pendleton to dry-clean military clothing. He lived in a hotel on the base and MFC paid for his room and board. One day, while Davenport was cooking in his hotel room, a grease fire started and Davenport was burned on his arms, […]

U.S. Supreme Court Scrutinizes Racial Bias Ruling

After several years of employees being required to meet a very high standard to have their cases heard by a jury, that may be changing in the long term. The U.S. Supreme Court recently cautioned federal judges to be careful in the rules of evidence and legal standards for employment discrimination. The Court’s opinion offers […]

Employment Law Tip: Get a Severance Signoff

Employers often use severance pay as a way to fend off possible lawsuits by departing employees. But here’s the catch: if you don’t require the employee to sign a waiver of all rights to sue you in exchange for the severance, you can be sued anyway. Whenever you offer severance an employee is not otherwise […]

California Supreme Court to Review Meal Period Issue

In recent months, the California appeals courts have grappled with whether the extra one-hour’s wages an employer must pay an employee for a missed meal or rest period amounts to a penalty or wages. A penalty carries a one-year time limit for an employee to file a claim; wages carry a three-year time limit. Now, […]

Free Retirement-Planning Resource from DOL

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has published a new resource to help workers calculate the financial resources they’ll need to ensure a secure retirement. The new publication, “Taking the Mystery Out of Retirement Planning,” is specially designed to assist workers who are within 10 years of retirement to calculate their […]

Short Takes: Personal Use of Company Computers

I’d like to keep my employees from using their company computers for personal stuff like e-mail. Can I prohibit this? 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know. In general, while […]

Short Takes: Use-It-or-Lose-It Vacation Policies

Can we institute a use-it-or-lose-it vacation policy to encourage our employees to take their vacations? 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know. Use-it-or-lose-it vacation policies are not allowed in California. […]

Employee Shift Switching May Pose Multiple Legal Problems

We are a hospital. Our employees often switch shifts or take extra shifts for someone else. They have their own informal system for handling switches and it works—we always have coverage. But I’m worried about compensation issues. They handle their pay as though they had worked their normal shifts, and they take care of paying […]

Recruiting: Are We Allowed to Recruit Employees from Competitors?

Our company’s hiring managers always want me to recruit from certain competitor companies. I’d like to know what legal and ethical limits there are on my right to recruit employees from other companies. Can I cold call someone in a competing firm and ask if they would be interested in working for my firm? What […]