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Employment Law

Paid organ and marrow donor leave law now in effect

01/28/2011
As of Jan. 1, California employers with 15 or more employees must provide up to 30 days of paid leave to employees making organ donations, and up to five days of paid leave to employees who donate bone marrow.

Study: Paid family leave hasn’t burdened business

01/28/2011
The California Paid Family Leave Law that went into effect in 2004 hasn’t increased employer costs or hurt productivity as critics once predicted, according to a new study.

No litigating related claims in separate venues

01/28/2011
The Court of Appeal of California has ruled that employees can’t pursue related claims in different forums at the same time.

No separate notice for nonmembers required for midyear union dues assessment

01/28/2011
What happens if a union passes a dues increase in the middle of the year—perhaps in an election year? Can the union collect the increased amount and then adjust it at the beginning of the next year? According to the 9th Circuit Court of Appeals, that’s exactly the way to handle the increase.

Union wants nonmember employee names? Send opt-out forms so employees can choose

01/28/2011

When a union asks an employer for the names and contact information of employees who do not belong to the union, employers must first inform the employees of the request and give them an opportunity to object, according to a recent California Court of Appeal decision.

When contracting with temp or payroll services, make sure it’s clear who the real employer is

01/28/2011

Sometimes, it’s possible for an employee to have two employers. That’s often the case when a temporary service provides workers for a client, and both the temp company and the client exercise significant control over how and when the work is performed. But now there’s a new wrinkle.

New state law gives leeway on some meal, rest breaks

01/28/2011
The rules for meal and rest breaks just got a little more flexible for some California employers, following enactment of a new state law that exempts some construction workers, commercial drivers, security guards and utility workers from the state’s usual break requirements.

Apply harassment rules no matter who’s accused

01/28/2011
It’s not enough to have a sexual harassment policy. You had better be prepared to enforce it—no matter who is doing the harassing. In the following case, family ties cost a bundle for an employer that turned a blind eye to harassment.

No private ‘do-over’ if applicant flunks test

01/28/2011
Do you use standardized tests to determine if applicants meet the minimum requirements for a job? If so, remember this: An applicant who fails a fairly administered test (after receiving a conditional offer of employment) can’t go out and take the test privately and then demand reconsideration.

Give managers a refresher on retaliation risks

01/27/2011
Employee claims of job discrimination to the EEOC spiked above 99,000 last year, the highest total ever. On Jan. 11, the EEOC released more details, and those numbers yield three important lessons for employers: