Tag: california hr

Independent contractor or employee? Ensure you get it right

How do you know whether to classify someone as an independent contractor or employee? Is it enough to have a contract in place that specifies that someone is not considered an employee? While most employees hope they have it right, misclassifying employees as independent contractors costs the federal government $2.72 billion every year, according to […]

Are job counter offers ever a good idea?

Without question, a job counter offer can be a useful tool if the situation fits. Under the right circumstances it might save a key employee from leaving—at least temporarily. However, in most cases they may create more problems than they solve, so employers should take care in assessing whether a job counter offer is truly […]

FMLA/CFRA medical certifications in California: An overview

A medical certification is a written document from a health care provider verifying that an employee’s leave is for a serious health condition. It is an objective tool that HR managers should use to determine whether to grant or deny leave requests under FMLA, the California Pregnancy Disability Leave Law, and the California Family Rights […]

Social media policy best practices: Electronic monitoring

How do you craft a social media policy and internet use policy that helps to maintain your business image and reputation, your right to duty of loyalty, and your right to privacy without infringing upon your employees’ rights to privacy and freedom of expression? How specific do you need to be in your employee handbooks […]

Defining essential functions of job descriptions in California

How do we ensure that our job descriptions contain the true essential functions of the job? Why is this important? The short answer is that essential functions must be assessed when evaluating whether a disabled individual can perform a job; in the absence of a job description accurately listing the essential functions, an employer is […]

Understanding Progressive Discipline

Employees are motivated to perform in several ways, some from positive reinforcement and some from negative reinforcement, which is where progressive discipline comes in. Another rationale for the use of progressive discipline is to instill a sense of fairness in employment termination decisions. When you let someone go, employees want notice in order for it […]

Responding to insufficient FMLA/CFRA medical certifications and suspected fraud

Most employers require medical certification when administering FMLA or CFRA leave of absence requests. But the certification process isn’t always as cut and dry, especially in California. For instance, what should you do if the documentation from a healthcare provider is vague, incomplete, or ambiguous? What can you legally do if the documentation doesn’t provide […]

How Good Employee Documentation Helps You Achieve Your Objectives

Employee documentation can be HR’s secret weapon. It can be used as part of a defense strategy should you ever be faced with a discrimination or retaliation lawsuit, for example. Any labor and employment attorney will tell you that one of the keys to being able to defend—or even prevent—litigation rests in sound HR documentation […]