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Employment Law

Is employee being set up to fail? Beware boss’s criticism of ‘soft’ skills

11/23/2011
Discrimination can creep into the workplace, even if on the surface there’s nothing blatantly offensive going on. There are still supervisors who treat subordinates poorly because of race or some other protected characteristic. That’s why HR should exercise caution before authorizing discipline against an employee who is meeting concrete goals like sales figures, but is being criticized for more general problems.

Tell supervisors: No matter the inconvenience, never interfere with employees’ FMLA rights

11/23/2011
Let’s face it: It makes a manager’s job harder when employees are out on FMLA leave. That’s especially true with intermittent leave. Don’t let those hard feelings turn into an FMLA interference lawsuit. Instead, insist that managers honor approved intermittent leave without hassling the employee.

Check eligibility before sending FMLA letter

11/23/2011
A federal trial court has ruled that FMLA-ineligible employees can sue if an employer erroneously told them they were eligible for leave and they relied on that information to their detriment.

Make sure employees understand FMLA calendar

11/23/2011
FMLA regulations give employers several options for calculating how much leave employees are entitled to at any given time. Which method should your organization select? That depends on how much record-keeping you want to do.

Legality of new union poster faces hearing; ruling by Jan. 31

11/22/2011
A court hearing is scheduled for Dec. 19 on two business-backed lawsuits challenging the legality of the National Labor Relations Board’s new requirement that U.S. employers display a new workplace poster describing employees’ union rights.

Don’t let the FLSA’s pay rules snow you under this winter

11/21/2011
Winter isn’t a challenging season just because of the lousy weather. It’s tough on payroll staff, who must ensure that the company’s pay policies jibe with the Fair Labor Standards Act when employees leave early, arrive late or just stay home because of snow. Here are the rules for nonexempts and exempts.

What are the rules on setting a late policy?

11/18/2011
Q. We would like to institute a rule subjecting em­­ployees to discipline for clocking in late. Are we permitted to do this even though we round our employees’ time to the nearest quarter-hour?

Are any noncompetes enforceable in California?

11/18/2011
Q. I’m aware that California law generally does not allow employers to use noncompete agreements. Are there any noncompete agreements that California courts will enforce?

Update from Sacramento: 4 new California laws will affect HR

11/18/2011
Gov. Jerry Brown recently signed bills enacting several new em­­ployment statutes. Each becomes effective Jan. 1, 2012. Here’s how the new laws affect private employers.

New state law tweaks definition of ‘gender’

11/18/2011
Gov. Jerry Brown signed into law in October legislation clarifying the definition of “gender” in California. The law, AB 887, makes it clear that discrimination on the basis of gender identity and “gender expression” is prohibited.