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California

Ensure arbitration agreement includes statutory claims

06/26/2009

If you want to take advantage of the arbitration process to resolve workplace issues, make sure the arbitration agreement you give employees covers enough territory. Remember, for example, to include statutory claims in the language. If you don’t, employees will still be able to sue in court to enforce those laws.

Calif. Supreme Court rules on workers’ comp attorneys’ fees

06/26/2009

The California Supreme Court has ruled that California law doesn’t entitle granting of attorneys’ fees when employees successfully fight for specific medical treatments. It limited attorneys’ fee payments only to cases involving permanent benefit termination.

Should pharma reps get OT? State Supreme Court to decide

06/26/2009

The 9th Circuit U.S. Court of Appeals has asked the California Supreme Court to rule on whether pharmaceutical sales representatives are exempt under the California Labor Code. Traditionally, they have been classified as exempt.

New bill seeks to cover second opinions under ERISA

06/26/2009

Rep. Susan Davis (D-Calif.) recently introduced a bill in the U.S. House of Representatives that would add mandatory coverage for second opinions on medical treatments under several laws, including ERISA.

Suit on tax credits for hiring poor workers moves forward

06/26/2009

A state court of appeals recently ruled that Richmond-based Dicon Fiberoptics adequately pleaded its claim against California’s Franchise Tax Board in a case involving a tax credit for hiring disadvantaged workers.

Are you ill prepared? 13 steps to stay ahead of the H1N1 virus

06/26/2009

In the wake of April’s worldwide H1N1 virus pandemic scare, now is the time to make sure your organization has an effective pandemic plan in place. Although this spring’s immediate threat seems to have abated, public health officials warn that the virus could re-emerge in the fall. There are 13 steps you can take to deal with H1N1:

After cutting staff, can we require remaining employees to work overtime?

06/26/2009

Q. We recently downsized our department. As a result, the additional workload has shifted to the employees who still have jobs. Can we force those employees to work overtime?

Can we implement an anti-nepotism policy?

06/26/2009

Q. To prevent productivity and morale problems, we would like to adopt a policy stating the company will not hire the spouses of current employees. Would this be lawful?

Must we pay employees after an emergency forced us to close the office for a day?

06/26/2009

Q. We closed our offices for a day because of a phoned-in bomb threat, and we sent all our employees home. Do we need to pay them for showing up to work that day?

Better heed Ledbetter: Audit pay policies to ensure equal pay

06/16/2009

Under the Lilly Ledbetter Fair Pay Act of 2009, each paycheck that unfairly pays a worker less than it should is a discriminatory act. Now is the time to audit your pay policies. Involve your attorneys—to take advantage of attorney-client privilege protection while you correct any discriminatory practices you uncover.