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October 4, 2010 This is really a matter of company policy. Many companies maintain an official personnel file with copies of resumes, applications, offer letters, performance appraisals, training records, salary increases, etc. In addition, the official file should contain any contract or written agreement between the employee and the employer (such as a noncompete agreement), […]
Figuring out who’s exempt from the overtime rules and who isn’t can be very complicated. Impressive titles and salaries don’t count. Only the employee’s actual job duties matter. And of the four main exemptions-managerial, administrative, professional and sales-the administrative exemption is the least clear-cut. In fact, employers continue to reel from an epidemic of multi-million […]
By Kelly Smith-Haley, Fox Swibel Levin & Carrol LLP A recent case is a useful reminder that employers may in some circumstances require an employee seeking an accommodation or seeking to return to work following a leave to provide supporting medical evidence. But understanding all of the nuances of when employers can and can’t ask […]
Over the past several years, many employers have been blindsided by big class action lawsuits from employees who say they were misclassified as exempt from overtime and are owed millions in back pay. Farmers Insurance Exchange, Big Lots, and Electronics Boutique are just a few of the businesses hit by the suits. For a brief […]
The federal government lowered the rates used by employers to calculate how much to add to the taxable wages of employees who use a corporate jet for non-business use, for the first half of 2015. The rates — known as the standard industry fare level, or SIFL rates — get an inflation adjustment every six […]
An employee who claimed her boss sexually harassed her was awarded nearly $400,000 in damages—but the supervisor, not the employer, will have to pay the tab. Maria Kaul worked for a short time as a secretary for Orion Systems, Inc., in Santa Clara. She claimed her boss, Morton Kessler, repeatedly commented on her clothing, kissed […]
Darcy Jensen, a module team builder for Amgen Inc., filed a workers’ comp claim as a result of health problems that she believed stemmed from exposure to laboratory animals. Several months later, the company discovered mold in the building where Jensen had worked. Jensen eventually sued Amgen under an exception to the workers’ compensation system […]
A new California appeal court ruling shows how an at-will agreement with a new hire won’t shield you from claims that you intentionally misrepresented the employment terms to induce the person to come work for you. We’ll explain what happened.
By Michael P. Maslanka Editor’s note: Fall is here, and for a lot of die-hard fans, that means just one thing — it’s football season. But the first three weeks of this football season were marred by a referee lockout that meant a lot of bad calls and missed penalties by the replacements. Many commentators […]
We have two main types of nonemployee workers: temps (who usually work just a few days or weeks) and leased employees (who work basically full time). In both cases, we pay a fee to the agency and the leasing company, and they handle all the employment matters, including hiring, payment, and benefits. My question is […]