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No Punitive Damages for Wage-Hour Violations, Court Says

A California court of appeals has ruled that an employee cannot recover punitive damages for the employer’s violations of state Labor Code provisions governing meal and rest breaks, pay stubs, and minimum wages.1 That’s because those Labor Code provisions include specific remedies, including penalties that are punitive in nature—and those are the only remedies available. […]

In States Where Unemployment Rates Rise, Employer Costs May Follow

According to the most recent Regional and State Employment and Unemployment Summary from the Bureau of Labor Statistics, state and regional unemployment rates continued their upward climb throughout the month of March. Forty-six states reported unemployment rate increases in March, and all 50 states and the District of Columbia have higher rates than they did […]

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Managing Healthcare Providers under FMLA

The Family and Medical Leave Act (FMLA) regulations provide a list of the types of healthcare providers (HCPs) that employers must acknowledge as being qualified to certify the existence of a serious health condition.

An HR Professional’s 5 Biggest Mistakes

An HR consultant who used to be a line manager describes the services he needed most … and least … from his HR partners. In preparing Daily Advisor, we read a lot of material by outside HR consultants. It’s good stuff, but because most have always been HR professionals, their view is largely from one […]

News Notes: Court Nixes Rehab Benefits For Undocumented Worker

An undocumented employee who was injured on the job has had her request for rehabilitation benefits thrown out by the California Court of Appeal. Margalese Ortega-Ruiz injured her back while working at a Jack-in-the-Box restaurant in Santa Monica. After she filed a workers’ comp claim and requested vocational rehabilitation benefits, the restaurant discovered she wasn’t […]

Four States Approve Measures Ensuring Secret Union Ballots

In Tuesday’s election, four states — Arizona, South Carolina, South Dakota, and Utah — approved ballot measures that would guarantee employees the right to secret-ballot voting in union elections. We decided to ask employment law attorneys in each of the four states — all members of the Employers Counsel Network — about the outcome of […]

Hot List: Bestselling “Organizational Behavior” Books on Amazon.com

Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, this Monday morning, February 14, in the “Organizational Behavior” section of the “Business and Investing” category. 1. Thank God It’s Monday!: How to Create a Workplace You and Your Customers Love by Roxanne Emmerich. Consultant […]

National Origin Discrimination and English-Only Rules

By Troy D. Thompson In fiscal year (FY) 2009, the Equal Employment Opportunity Commission (EEOC) received 11,134 charges involving claims of national origin discrimination ― an approximate 57 percent increase since 1999. Although the EEOC has not yet disclosed its statistics for FY 2010, all indications are that these claims continue to rise. Given that […]

Recruiting Techie Talent (The Rules Work for ‘Other’ Talent, Too)

Recruiting techie talent is all about understanding what they are looking for—and that’s true for recruiting any type of talent. First, let’s look at a survey that recruiting firm Dice, which specializes in technology and engineering employees, recently conducted among more than 650 passive and active information technology (IT) candidates. What’s Missing from Job Postings? […]