Author: Jennifer Carsen

Survey Says: Break Claims Down, Misclassifications and Overtime Up

Meal/rest break claims are down significantly, while misclassifications and overtime cases remain strong, says the 7th Annual Litigation Trends Report from international law firm Fulbright & Jaworski LLP. Fulbright surveyed senior corporate counsel on their experiences and opinions regarding litigation. The survey had 403 participants, 275 whom were from the U.S. Of the U.S. companies […]

The 3 Rules You Should Never Break When Writing Job Descriptions

Writing job descriptions is like going to the dentist. You know you need to do it, and you know it’s good for you, but it’s just no fun. Worse still, if you screw it up (the job descriptions, that is—not the dentist’s visit), you can put your organization at risk for costly job misclassification challenges—or […]

Employers Now Allowed To Email WARN Notifications to EDD

California employers may now submit their WARN notices to the EDD via email. According to the EDD, the goal is to provide employers with a business-friendly option for satisfying WARN requirements. The new email option should also allow for the faster receipt and processing of WARN information by the EDD, which will enable the EDD […]

How Current Are Your Job Descriptions?

As the economy picks up steam and hiring activity increases, it’s particularly important for employers to take the time to update their organizations’ job descriptions. “I’ve never run into anyone who likes writing job descriptions,” says Martin Simon, legal editor at HR.BLR.com (which is run by ERI’s parent company). “But these tools, sometimes called position […]

Supervisors Are Scared of Discipline—How to Help

Supervisors don’t like confrontation, says Dennis A. Davis, Ph.D. Fortunately, there are ways to help your supervisors dispense discipline without creating tension for them or problems for you. Davis is the director of client training for the national law firm of Ogletree, Deakins, Nash, Smoak & Stewart, P.C. His remarks came during a recent audio […]

Who’s Working for You – And In What Capacity?

Yesterday, we reviewed the first 5 factors of the “Borello test,” which California courts use to determine whether a worker is an employee or an independent contractor (click here for yesterday’s issue). Today, we’ll look at the remaining 6 factors and tell you about a wage/hour resource you won’t want to be without. 

Subject: Employee Referral Programs—Win-Win for Employees, HR

In yesterday’s Advisor, we covered ROI and best practices for employee referral programs. Today, more on making such programs successful, and an introduction to the unique one-stop HR solutions center, HR.BLR.com. Today’s tips come from human capital solutions company CareerBuilder® and it’s recent publication, Referral Madness—How Employee referral Programs Turn Good Employees into Great Recruiters […]

Employee or Independent Contractor?

Under the wage orders, “to employ” means to “engage, suffer, or permit” someone to work for you. Sound confusing? It can be. The simplest approach is to assume that any person who does work for you that is part of your company’s business (who does some part of the work necessary to make the goods […]