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California

Individuals cannot be held liable for retaliation claims

04/18/2008
The California Supreme Court held in 1998 that individual supervisors and managers are not personally liable for discrimination under the California Fair Employment and Housing Act. Now the court has also ruled that individual supervisors and managers may not be held financially responsible for retaliation claims …

The HR burden of administering garnishments

04/18/2008
Q. We have received garnishment orders for several employees. This could pose an administrative burden on our small HR department. What can we do to reduce this burden? …

To pay or not to pay summer interns

04/18/2008
Q. Our company is considering hiring student interns this summer. Are we required to pay them under California law? …

Is the term ‘probationary period’ dangerous?

04/18/2008
Q. Our existing employee handbook includes a probationary period for newly hired employees. In revising the handbook, should we consider omitting this provision due to the possibility that we could be altering the at-will employment relationship?

No personal liability in FEHA retaliation cases

04/01/2008
The California Supreme Court has ruled that managers and supervisors shouldn’t be held personally responsible when an employee wins a retaliation claim under the California Fair Employment and Housing Act …

Encourage civility, but don’t sweat every little slight

04/01/2008
Minor annoyances, favoritism or other unfair treatment in the workplace aren’t enough to sustain a discrimination lawsuit. As the following case shows, employees have to be able to tolerate some uncomfortable moments without resorting to the legal system for relief …

Never manipulate time sheets to falsely show hours worked

04/01/2008
The Fair Labor Standards Act (FLSA) and the California Labor Code both require employers to keep meticulous records to prove employees are properly compensated. Paper records such as time sheets and pay stubs must accurately show what hours employees actually worked and the pay they earned. Violate those rules at your peril! …

Make sure everyone knows to process legal docs ASAP

04/01/2008
Nothing will get an organization in hot water faster than ignoring legal paperwork. Missed deadlines may mean a default judgment, with the tardy employer missing any chance to defend itself in court. That’s why it’s absolutely crucial to have a clear process for handling any incoming legal documents …

Degree of control changes status from contractor to employee

04/01/2008
More and more courts are ignoring the labels companies and independent contractors put on their relationships—and even rewriting the relationship in some cases. That means that someone an organization has carried on the books as an independent contractor can be reclassified as an employee …

Use ‘Soft’ criteria for staffing decisions? Be prepared to back up rationale

04/01/2008
Some jobs require a set of objective or “hard” skills, plus subjective or “soft” skills. As long as an employer can clearly articulate what soft skills an applicant or employee lacks, it can use the subjective reasons when making selection or retention decisions …