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California

Choose one: Settlement or class-action lawsuit

08/26/2009

Guess what: You can’t press forward with a wage-and-hour class-action suit after you’ve already settled with the organization you’re suing. So said the 9th Circuit Court of Appeals when it tossed a class-action bid brought by two former T-Mobile sales reps.

What should we do before we start taping employees’ phone conversations?

08/26/2009

Q. For quality-control purposes and to ensure that workers are not making personal telephone calls, we would like to tape-record the calls employees make on company phones. Would that be legal?

Should we require a nondisclosure agreement?

08/26/2009

Q. Should we require new employees to sign a nondisclosure agreement in order to protect our trade secrets, customer lists, etc.?

What is California’s law concerning time off to attend school activities?

08/26/2009

Q. Many of our employees have children who will return to school this month. Are we required to grant these employees time off for school-related activities?

Marciano slapped with $370 million bill for defamation

08/25/2009

A Los Angeles Superior Court jury recently awarded $370 million in damages to five former employees who said they were defamed by Georges Marciano, co-founder of fashion company Guess, Inc., and an independent candidate in the 2010 California governor’s race.

Are we liable for injuries to the cleaning crew?

08/20/2009

Q. We employ a husband/wife team to clean our office. We pay them on a monthly contract basis and provide a Form 1099 at year-end. Would we be liable for an injury they might suffer while cleaning?

Preventing identity theft: 6 steps to protect employees’ data

08/11/2009

Employers have a duty to protect their employees from identity theft. The federal Fair and Accurate Credit Transaction Act (FACTA) says employers that negligently or purposely let employees’ personally identifiable data fall into the wrong hands can face fines of up to $2,500 per infraction. Here are six tips on developing a data security strategy:

Is it time to overhaul your vacation policies?

08/07/2009

Take a look around your workplace. How many of your co-workers spent all summer right there at their stations? Maybe they took a long weekend or two, but otherwise they showed up day in and day out. It might be time to make those drudges get out and go on vacation.

Dust off your benefits policies: More mandates may be on the way

08/06/2009

The federal government has slowly been introducing laws that force employers across the country to provide employee benefits: for example, the FMLA, USERRA and the ADA. Now Congress is considering several legislative initiatives that would require employers to provide additional benefits.

How to legally manage pregnancy and maternity leaves

07/28/2009

When an employee announces she’s pregnant, it’s important for HR and supervisors to know what they must do—and what they can’t do (or say) under federal anti-discrimination and leave laws. Most employers must comply with the Pregnancy Discrimination Act and the FMLA. The ADA may apply if pregnancy complications arise.