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California

Inter-Con security guards strike at Kaiser Permanente facilities

07/01/2008

Building security officers employed by Inter-Con Security Systems and seeking representation by the Service Employees International Union (SEIU) staged a series of one-day strikes in May at 23 California Kaiser Permanente medical facilities …

How should employers handle new hands-free cell phones law?

07/01/2008

Q. What are employers’ obligations under the new law requiring drivers to use hands-free cell phones? …

How should we pay exempt employee who was terminated midway through the week?

07/01/2008
Q. We recently terminated an exempt employee halfway through a workweek. Given the Fair Labor Standards Act requirement that exempt employees must be paid on a salary basis, are we required to pay the employee for the entire week?

Can we replace a worker who is out on pregnancy disability leave?

07/01/2008

Q. One of our employees is on pregnancy disability leave. We are a small company and it will be difficult for us to keep her position open. May we hire another worker to replace her based on this hardship? …

Cure for promotion paralysis: Simply pick best candidate

05/16/2008
It’s easy to feel paralyzed when it’s time to choose an employee to promote. You need to pick the best candidate for the promotion, but you also don’t want to risk a discrimination lawsuit. The truth is, if your choice is reasonable, a court probably won’t second-guess it …

Employer can access hard drive on company-Owned laptop

05/16/2008
Employers that provide laptops to employees and that suspect an employee might be aiding a competitor can inspect the company-owned laptop without violating the employee’s right to privacy. Employers should, however, exercise discretion while searching the computer …

Burden on employer to justify exempt/Nonexempt classification

05/16/2008
When deciding on whether an employee is exempt or hourly, be prepared to justify why you classified an employee into the category you did. If you have any doubts about classification, seek out professional help. Getting it wrong can get very expensive, especially if you have incorrectly classified an entire group, and a court allows a class- or collective-action claim …

Moonlighting may not disqualify employee from CFRA leave

05/16/2008
Do you have employees who work for you full time, but also work elsewhere part time? If so, a recent California Supreme Court decision may affect how you handle requests for California Family Rights Act (CFRA) leave …

Don’t let one rogue manager brand you an age discriminator

05/16/2008
Even if an employer has a good history of avoiding age discrimination in hiring, it can be sued for age discrimination if a reduction in force disproportionately affects older workers. Generally good hiring practices don’t prove that no discrimination occurred when drawing up the RIF list …

Check bankruptcy filings for possible ‘Get out of jail’ card

05/16/2008
Employees who have been fired or otherwise lose their jobs frequently encounter financial problems and end up in bankruptcy court. If the employee doesn’t list a pending EEOC or lawsuit claim against his former employer, the bankruptcy court may miss important assets and discharge the debts …