Tag: LLC

7-point checklist for avoiding retaliation claims in California

Most employers know that retaliation is prohibited under Title VII at the federal level for employees who have engaged in protected activities. California employers also have to stay in compliance with employee retaliation protections under FEHA. Unsurprisingly, the standards applied in California differ from those applied at the federal level.

You Be the Judge on USERRA Cases—Who Wins?

USERRA Case Study 1: John Falsifies Paperwork The facts: John is a supervisory employee at a delivery company and is a longtime reservist and combat veteran. Here’s the scenario: John is told by a coworker that the company doesn’t like supervisors to serve in the reserves. His boss sends an internal e-mail that says, “John […]

When is a Chronic Illness a Disability?

An employee with chronic illness may actually be an employee with a disability. If so, this triggers all the rights and responsibilities outlined in the Americans with Disabilities Act (ADA). As such, employers need to be cognizant that an employee requesting leave to handle an aspect of a chronic illness may actually be entitled to […]

Can You Use Incentive Pay for Nonexempt Employees?

How Can You Use Incentive Pay for Nonexempt Employees? “Pay for performance can apply to all levels of jobs within an organization. Recent studies have shown that organizations are beginning to use more variable compensation (or incentives) as it relates to the proportion of base pay, and they’re marketing that to employees—not only when they’re […]

Discretionary Versus Non-Discretionary Incentive Pay and Bonuses

As we all know, the FLSA requires us to pay overtime pay when it is due, and the base pay rate must include all payments for that time period in question—including incentive pay and bonuses paid during that time. But is that always the case? Actually, the answer is no. It’s true that most incentive […]

Picture This! Visualization Techniques for Trainers

Even as a seasoned trainer and speaker, Eric Papp still uses visualization before training sessions and presentations. The night before a management seminar, for example, he gets permission to go into the conference room where he will present the next day. He pulls up a chair, closes his eyes, and visualizes how he will greet […]

Ask the Trainer: Storytelling During Training

A:  Stories help learners remember key points from training sessions, reinforce the content, and help new trainers feel more poised and comfortable, says Mark Satterfield, founder and CEO of Gentle Rain Marketing, LLC (www.GentleRainMarketing.com), and author of Unique Sales Stories: How to Persuade Others Through the Power of Stories. “People remember stories,” he says. “People are […]

U.S. Supreme Court Building

What the Supreme Court’s Upholding of the PPACA Means for Employers

By Jacqueline R. Scott, David S. Fortney, and Cynthia Ozger-Pascu Fortney & Scott, LLC In a historical ruling, the U.S. Supreme Court has upheld the significant healthcare reform provisions in the Patient Protection and Affordable Care Act (PPACA), enacted by Congress in 2010 in a sharply divided vote along partisan political lines and subsequently challenged […]

USERRA Now Forbids Workplaces Hostile to the Military

by Susan M. Webman, Fortney & Scott, LLC For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. […]