Same-sex marriage and CFRA: New employer obligations
What recent changes have happened with same-sex marriage laws, and how do these affect employers and their obligations to employees under employment laws like FMLA/CFRA?
Tag: CER
DOMA is unconstitutional, but many questions left unanswered
Over the summer, the Supreme Court decided in the landmark case of United States vs. Windsor that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, which now paves the way for same-sex couples to potentially enjoy many federal benefits that they weren't entitled to before. Let's take a closer look at DOMA, what the ruling did, and what questions remain.
How can employers reduce FMLA/CFRA abuse?
Employers have the right to curb FMLA/CFRA abuse, but must do so in a way that doesn’t hinder employees from taking their protected leaves. It can be a fine line to walk. Thankfully, employers do have some options.
Minimize intermittent leave scheduling issues
In California, employers have to juggle both FMLA and CFRA laws, and both allow protected leave on an intermittent basis. Intermittent leave is perhaps the most difficult aspect of FMLA/CFRA leaves because it presents operational and scheduling issues and inconveniences that can be frustrating for employers. Understanding intermittent leave and what can be done to minimize these frustrations and scheduling issues can go a long way toward easing the implementation of FMLA/CFRA leaves.
PTO in California: 7 permitted payroll deductions for exempt employees
How can a California employer administer their PTO policy and still stay in compliance with the requirements for exempt employees? Can the employer make deductions from pay for an exempt employee after all PTO time has been used?
8 steps to implementing a pay-for-performance system in a small business
Pay-for-performance systems are not one-size-fits-all. While the general steps to implementation might be similar, the details will differ. Company size is one of the primary factors that will determine how the implementation will proceed.
Employees with cancer: What accommodations may be needed?
An employee with cancer will be covered as a disabled employee as defined by the ADA, and as such, employers need to understand what types of accommodations might be appropriate for an employee with cancer who is returning to work.
How to avoid retaliation claims when timing raises red flags
What's an employer to do when there is ample documentation to terminate an employee, but the employee has recently engaged in a protected activity? For example, what if the employee files a workers' compensation claim or takes FMLA leave in close proximity to performance issues? This presents a real timing dilemma for employers: Doesn't it look retaliatory to terminate the employee immediately after the protected activity?
6 considerations when drafting a PTO policy in California
In California, PTO is legally the same as vacation. An employee may use the time for any reason she or he likes, subject to notice and scheduling requirements. PTO, like vacation pay, also "vests" as it is earned/accrued over time and must be cashed out at termination.
Employee terminations: 3 scenarios where sugar coating can backfire
When dealing with employee performance management and employee terminations, it is paramount to ensure that the documentation is accurate, fair, and consistent with verbal explanations. This seems simple enough, but it's all too easy to get into a situation where a simple omission or a sugar-coated explanation can land an employer in court.