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Watch Out for Exemption Misclassifications in California

It’s important to be sure you properly classify jobs as exempt if you’re asserting an exemption to the overtime pay requirements of the federal Fair Labor Standards Act (FLSA). That message was reinforced by a recent decision of the Ninth Circuit Court of Appeals (which includes California) in which the court concluded that state social […]

Employment Law Tip: Protect Your Trade Secrets

As the Yahoo! suit against MForma Inc. highlights, things can get ugly if you suspect former employees have walked off with your trade secrets and joined a competitor. The best way to head off trade secrets disputes—and the potentially disastrous business consequences of your trade secrets getting into a competitor’s hands—is to take steps on […]

Training: We’ve Done Our Sexual Harassment Training; What Other Types of Harassment Training Do We Need?

We’ve gotten through the initial round of our required sexual harassment training. Whew! But I want to expand it to include other types of harassment, such as religious harassment, disability harassment, and so on. Which elements do you recommend we include, and should we incorporate this training into the sexual harassment training, or do it […]

News Notes: NCL Issues Five Worst Teen Jobs For 2002

The National Consumers League has released its list of Five Worst Teen Jobs for 2002. According to Darlene Adkins, NCL’s vice president for labor policy, “many teens are working in unsafe conditions without the proper training or supervision. Too many are injured or killed on the job because they were performing tasks prohibited by federal […]

Employer Liability: New Case Examines When You Can Be on the Hook for Accidents Occurring During an Employee’s Commute; Prevention Steps

Minimed Inc., based in Northridge, hired a pest control company to spray pesticide overnight to eliminate fleas at the office. When clerical employee Irma Hernandez arrived at work the next morning, she noticed a Raid-like smell—and within a few hours she had a headache, nausea, and tightness in her chest. Hernandez told her supervisors she […]

IRS to Hold Public Hearings on Governmental Plan Updates

The IRS and the Department of Treasury is still seeking public input on future standards to determine whether a retirement plan is a governmental plan under Code Section 414(d). According to the IRS, more guidance is needed for Section 414(d), as the statutory rules for governmental plans differ from those for nongovernmental plans. Further, changes […]

‘Back in the Lobby’ Article Draws Reader Fire

By Steve Bruce, Editor, HR Daily Advisor Just My E-Pinion Our headline in a recent issue of HR Daily Advisor—"He’s back … in the lobby … with a gun"—was calculated to attract attention; that’s what headlines do. But not the kind of attention we attracted. A number of readers were upset by the headline and […]

News Notes: Circuit City Arbitration Agreement Struck Down Again

The Ninth Circuit Court of Appeals, which covers California, has issued another in a string of rulings invalidating mandatory arbitration agreements used by electronics retailer Circuit City. In the latest case, Circuit City employee Paul Mantor claimed the company indicated to employees that they risked their future with the retailer if they chose not to […]

New HIPAA Regulations Welcome Wellness Programs

Under HIPAA, it’s been very difficult to run a company wellness program – until now. If there has been one constant theme in government employment regulations, it’s the battle against discrimination. Anything that even hints at bias is absolutely prohibited, even to the point, some feel, of being counterproductive. Such has been the case with […]

IRS Proposes Rule on Reimbursed Entertainment Expenses

Employers that pay advances, allowances or reimbursements to employees for work-related entertainment expenses — including taxpayers who, in turn, get reimbursed by their clients for such expenses — have until Oct. 30 to comment on a proposed regulation IRS published Aug. 1. The proposed rule clarifies who — among the employer, its client and an […]