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Conducting an Exemption Audit in California: Complying With Overtime and Other Wage-Hour Laws

By Allen Kato, Fenwick & West LLP Why should you conduct an exemption audit in California? Employee claims alleging they are misclassified as exempt from overtime (brought as individual claims or class-action lawsuits) are the lawsuit of the day. For example, in March 2012, a California court approved a $35 million settlement by Oracle involving […]

Special Considerations for Medical Certification of Intermittent Leave

Managing intermittent leave can cause confusion and headaches, yet it is a required aspect of compliance with the FMLA. However, the proper use of medical certification is one of the ways to both manage the leave properly and reduce the risk of intermittent leave abuse. “Medical certification is a powerful tool to control and monitor […]

Talk About Telephone Training

The material in today’s Advisor is adapted from BLR’s 10-Minute HR Trainer session, “Telephone Etiquette.” Don’t forget to train employees to follow proper etiquette when receiving phone calls. Here are several best practices for answering the telephone. Answer promptly if you are not relying on voicemail pickup. Greet the caller with a friendly tone, identifying […]

Terminations: Can Managers Really Be That Stupid?

Managers often want to know why they need documentation to fire an “at-will” employee. Simple, says today’s expert. Without it, you can end up in court explaining why your managers are so stupid that they fire people for no reason. In theory, with at-will employees, either party can terminate the employment arrangement: At any time […]

Despite Labor Shortage, Businesses Can Benefit from Hiring and Training ‘On Demand’

With the U.S. unemployment rate at an all-time low and job openings at a 17-year high (with a reported 6.6 million openings as of June 2018), it’s hard to imagine that job growth has slowed and even stagnated in parts of the country. The fact is, rural areas and smaller cities are scrambling to find […]

$4.5M Settlement Ends Decade-long Disability Suit against USPS

The U.S. Postal Service will pay $4.5 million to settle claims that it failed to accommodate employees with hearing impairments. The court-approved agreement ends the decade-long class action dispute. The class action (Hubbard v. Donahoe, No. 03-1062 (RJL) (D.D.C. July 31, 2013)) stemmed from two related actions brought before the U.S. Equal Employment Opportunity Commission. […]

Questions and answers on accommodating employees with mental disabilities

by Jonathan R. Mook The following article answers some common questions about the Equal Employment Opportunity Commission’s (EEOC) recently promulgated guidance on the Americans with Disabilities Act (ADA) and mental health conditions. Q Why should employers review the EEOC’s mental health guidance?  A If they haven’t already dealt with the issue, many employers will be […]

Not Quite Qualified

You’ve found a job candidate who has some of the qualifications for the job. Should you take a chance and hire the person? Or should you keep looking?

Watch Your Language

By Kyle Emshwiller Half (51 percent) of workers reported that they swear in the office, according to a recent CareerBuilder survey. The majority of those (95 percent) said they do so in front of their coworkers, while 51 percent cuss in front of the boss. However, workers seem to clean up their language in front […]