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Health and Safety: The Basics of Cal/OSHA Injury Reporting

Most employers know you have to immediately report fatalities or certain serious injuries and illnesses to Cal/OSHA, the state agency that oversees workplace health and safety. But do you know exactly how long you have to report an incident? What information you have to give Cal/OSHA? Or even what phone number to call? It’s critical […]

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Letting Employees Own Their Processes

Most people who have managed employees have at one time or another been frustrated with the performance of a staff member. He or she just simply doesn’t seem to “get it.” The person isn’t performing the work the way you think he or she should, and despite all of the sit-downs, performance reviews, additional training, […]

Are Forces of Secrecy Blocking Path to Health Cost Control?

Health reform has passed and it was supposed to change the world. But it has yet to take effective action on the biggest problem — the upward spiral of health costs! Raise your hand if you think there is a connection between insurers’ and providers’ lack of transparency on premiums and fees, and that upward […]

Employment Law Tip: Protecting Exempt Status: The Seven Deadly Sins

While California law generally requires employers to pay overtime when employees work over eight hours in a day or 40 in a week, certain executive, administrative, and professional employees are exempt from this requirement if they meet three conditions: 1) the employee is paid on a salary basis; 2) the employee earns a certain minimum […]

Want to Avoid Fair Labor Standards Act (FLSA) Problems? Do a Self-Audit

If the government is willing to go after the world’s largest store on FLSA, they’ll go after anyone. Here’s how to keep the Washington wolves from your door. Wal-Mart has been in the news lately, and not just for having “always the low price.” According to government allegations, Wal-Mart has also had “sometimes the low […]

North Carolina: No Housecleaning in “Purple” State

by Richard L. Rainey, Womble Carlyle Sandridge & Rice, PLLC The “throw the bums out” wave that was prevalent in many states was a mere ripple in North Carolina. Incumbents on both sides of the aisle held onto their seats in all of the congressional contests except one — in House District Two, where Republican […]

5th Circuit Throws Down on Use of AI

The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) brought the hammer down on February 18 in an opinion written by Chief Judge Elrod. Glad I was not the nail. Show-cause order issued What is a show-cause order? It’s an order issued by a court to a lawyer essentially saying, […]

What Employers Need to Know When Employees Seek Loans, Withdrawals from Retirement Plans

by Douglas R. Chamberlain When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and both are subject to complex rules […]

Background Checks on MySpace—Dangerous or Due Diligence?

Is it now negligence if you don’t do background checks on MySpaceTM and Facebook? “We’re not there yet for every job,” says attorney Joseph Beachboard, “but it’s getting there for sensitive jobs like installers and home care providers.” Beachboard’s comments came at the recent Society for Human Resource Management (SHRM) Annual Convention and Exposition in […]