Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

News Notes: Federal Labor Law Superseded Lawsuit Claiming Pay for Family Leave Time

Verizon employee Denise Harris was granted family and medical leave for a bad back. Under the union contract covering Harris’ employment, Verizon paid Harris sick pay benefits during the first part of her leave, but cut off her benefits when she didn’t provide a physician’s report confirming she couldn’t work. Harris sued, claiming the failure […]

News Notes: Trucker Safety Rules Revised

The U.S. Department of Transportation has issued revised rules regulating driving hours and rest periods for professional truckers. The rules, which take effect Jan. 4, 2004, will permit professional truck drivers to drive up to 11 hours during a 14-hour on-duty period, provided the trucker receives a 10-hour off-duty period following the shift. For short-haul […]

News Notes: Binding Arbitration Legislation Struck Down

In 2000, Sacramento lawmakers enacted SB 402, requiring counties and other local agencies to submit, under certain circumstances, to binding arbitration of economic issues that arise during negotiations with unions representing firefighters or law enforcement officers. Now the California Supreme Court has struck down the law, ruling that it interferes with state constitution provisions giving […]

News Bulletin: FMLA Opinion Withdrawn

The Ninth Circuit Court recently withdrew its decision in Gradilla v. Ruskin Mfd. that held leave taken to accompany a spouse to a funeral was not protected family leave. The opinion was withdrawn at the request of the parties, which means employers can no longer rely on the decision. Continue watching California Employer Advisor for […]

News Bulletin: Pending Legislation Affecting Employers

The State Assembly recently passed a bill (AB196) that would prohibit employment discrimination based on perceived gender, which includes trans-gender individuals and those who do not fit gender stereotypes. In Washington, the House passed a bill (HR 100) that would permit employers to offer retirement investment advice to employees and require that employers provide plan […]

News Bulletin: Retail Grocery Store Draft Ergonomics Guidelines Available for Review

OSHA is seeking comments on its second set of draft ergonomics guidelines for the retail industry. The guidelines, published on May 9, include ways to implement ergonomic solutions, train employees, prepare injury reports, and evaluate progress. Another section provides preventive approaches that may be used by the industry, including recommendations for specific departments in grocery […]

Exempt Employees: Federal Government Proposes Overhaul of Who’s Exempt from Overtime, but California Rules Still Stricter

The U.S. Department of Labor recently published a proposal to update the 50-year-old Fair Labor Standards Act (FLSA) regulations defining white-collar exemptions. The new rules could take effect by the end of the year after a public comment and review process. But, as explained below, the changes probably won’t have much impact on California employers […]

Severance Pay: Court’s Ruling that Severance Package Wasn’t an Employee Benefit Plan Has Expensive Consequences for Employer

A new federal court case involves an all-too-familiar scenario. An employer acquired a new business and had to terminate the old workforce. The employer, however, needed to keep some workers around for a few months, so it offered them a severance deal. But when the employer later tried to change the severance terms, it found […]

Family Leave: Court Says Employee’s Misleading Memo About Need for Leave Not an Adequate Notice; What’s Required

Suppose an employee asks to take vacation time over the Christmas holiday to visit his ailing parents—but he doesn’t mention that he will be caring for them during the time off. Do you have to grant the request for time off under the family and medical leave laws? A California Court of Appeal recently answered […]