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Rules for providing rest breaks in California

Providing rest breaks in California is just as important as providing meal breaks, and failing to do so could prompt similar penalties if discovered. In fact, meal and rest period requirements have played a huge role in wage and hour litigation for more than 5 years now.

FLSA Lawsuits Show Steep Learning Curve for Employers Offering Unpaid Internships

Employers using unpaid interns need to be wary as lawsuits challenging the structure of these unpaid jobs continue to crop up. In recent years, several high-profile lawsuits — primarily in the publishing and entertainment industries — have highlighted the exposure employers can face. Plaintiffs generally allege they were doing the work of employees and were […]

403(b) Plans Get More Compliance Help with IRS’ New Prototype Program

On March 28, the IRS issued long-awaited guidance to help 403(b) retirement plan sponsors comply with written plan document requirements in the form of Revenue Procedure 2013-22, which contains a “master and prototype program,” and an information package with sample plan provisions. As a result, beginning June 28, 2013, the IRS will accept plan sponsor […]

An employment defense lawyer’s holiday wish list

by Craig M. Borowski Employment-related claims remain at near all-time high levels, and most employers face them from time to time. Many attorneys would agree they have a “wish list” of things they would like to receive with their next employment lawsuit to help them successfully defend the case. Unfortunately, to the detriment of an […]

3 Vital Things Supervisors Should Say

Last Advisor, we talked about 7 things not to say; today we’ll cover 3 things supervisors should say, and tell you about a new audio conference that will keep you, your supervisors, and your managers from saying “stupid things.” “Gee, I never knew that.” “Where does it say I was supposed to do that?” Aren’t […]

Federal agencies cracking down on gender identity discrimination

As the debate over gender identity discrimination rages within the halls of state and federal governments, employers are left to wonder how the controversy will play out in the workplace. One high-profile aspect of the issue centers on North Carolina’s House Bill 2, which Governor Pat McCrory signed into law on March 23. The law […]

Immigration Enforcement – Employer Obligations and Risks

When it comes to immigration enforcement, no employer is immune from immigration scrutiny. An organization that ignores problems with its procedures designed to keep a legal workforce is risking ruinous fines and penalties. Employers have an obligation to hire workers who are legally authorized to work in the United States. Even without the passage of […]

‘Worker centers’ thriving in the absence of unions

by W. Scott McLellan I’m based in Austin, and as you may know, Texas is not exactly a hotbed of traditional labor unions. Unlike employers in other parts of the country, Texas employers have long enjoyed a degree of flexibility in operations and employee relations that unions can prevent. However, that flexibility can lead to […]

Legal Restrictions on Employee Background Checks

Employee background checks are used by an estimated 92 percent of organizations in one form or another before hiring someone. They can be quite useful, but employers should be careful because the EEOC has been cracking down on illegal use of background information. Are you aware of what you should and shouldn’t be doing with […]