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Be Careful About Drug Testing in California

Yesterday, we looked at the first 5 of the top 10 hiring mistakes you should be careful to avoid. Today, the rest of the top 10, and an introduction to a webinar that will help clear up a new source of problems and confusion for California employers: medical marijuana.

Surviving the Misclassification Crackdown

In yesterday’s Advisor, attorneys Deanna Brinkerhoff and Dora Lane helped us understand DOL’s misclassification crackdown; today, what to do about it, plus some good news—your job descriptions are ADA-compliant and up to date. Classification of workers as employees or independent contractors is a murky area, but there are some safe harbors and some steps every […]

What Are the Employee Privacy Laws in California?

In a CER webinar titled “HR’s Monitoring Rules and Rights In California: Master E-mail, IMs, Blogs, and Social Networking,” Marc Jacuzzi outlined what is included in e-monitoring and explained the employee privacy laws at the federal and state level for California. Here are some basics.

Nearly $23K in COBRA Penalties Assessed Due to Dearth of Evidence on Notice Procedures and Breadth of Misleading Info

A recent court case highlights two crucial issues in administering COBRA continuation coverage: (1) a plan administrator has the sole legal obligation to prove compliance with COBRA’s notice rules — it cannot pass the buck to third-party administrators; and (2) lack of sufficient evidence on COBRA notice procedures can be a costly mistake. Recently, an […]

Stay one Step Ahead of DOL’s Misclassification Efforts

What do short stories by O. Henry and independent contractor analysis have in common? You’re left guessing the outcome until the very end, says attorney Deanna Brinkerhoff. DOL is cracking down on classification, and that makes it a good time to evaluate your organization’s classification decisions. DOL estimates that 30 percent of employers misclassify some […]

The 6 Scary Phrases to Avoid in Appraisals

West, principal at Employment Practices Specialists in Pacifica, California, offered her suggestions at SHRM’s annual conference and exhibition, held recently in Las Vegas. Here are her six scary phrases: 1. ‘You’re overcommitted’ When you say this, the applicant will hear: “Has kids and won’t stay late.” Sounds like discrimination. 2. ‘You lack skills necessary to […]

Train Supervisors: ‘You’re Going to Be Talked About on Social Media’

In yesterday’s Advisor, Employers Counsel Network attorneys briefed readers on new NLRB developments; today, their take on social networking, plus an introduction to the HR audit system that makes sure supervisors and managers are following policy. A common thread in social media cases is that the supervisors have overreacted, says attorney Molly DiBianca. Supervisors aren’t […]

Casual appraisals: Key Evidence Against You in Court

Employment law attorneys aren’t allowed to say “document,” West says; they are always required to say “document, document, document.” There’s a good reason for using the famous three words, she adds, because documentation is that important: It gives you credibility It’s how you show the world that you did what you say you did It […]

Beware Clever New Unionization Tactics—Contractor Conversion and Packaged Deals

Clever unionizing tactics such as changing independent contractors to employees and presenting employers with package deals are part of the new labor landscape, says attorney David Fortney. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of Federal Employment Law Insider. He made his remarks about new […]

New Year’s Resolutions for Canadian Employers

By Brian P. Smeenk As we all contemplate our personal goals for next year (have you, too, promised yourself to work out more?), what resolutions should you make for your business in Canada? Your CFO might urge the normal resolutions of cutting back on consumption or reducing your size. But maybe there are some more […]