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Family and Medical Leave: When Can You Require a New Certification of a Serious Health Condition?

Suppose an employee takes time off under the Family and Medical Leave Act (FMLA) for his or her own serious health condition, and you require a healthcare provider’s certification confirming the need for leave. After a year goes by, the employee needs additional leave for the same health problem. Can you require this person to […]

Delaware businesses get new recordkeeping obligations

by Molly DiBianca and Lauren Russell Delaware’s new law related to the safe destruction of documents containing personal identifying information will take effect on January 1. The law requires commercial entities to take all reasonable steps to destroy a consumer’s personal identifying information within the business’s custody and control when the information is no longer […]

IRS Eases Rules for 401(k) Hardship Withdrawals, Loans Tied to Hurricane Sandy

Plan sponsors in areas Hurricane Sandy affected may want to prepare for an increase in loan or hardship withdrawal requests after the IRS on Nov. 16 said it temporarily will relax its rules that apply to such emergency funding for retirement plan participants.  The IRS announced the relief in Announcement 2012-44. Hurricane Sandy should be […]

Social Media—You Can’t Unring the Bell

“Social media networks and blogs are now the fourth most popular online activity, ahead of personal e-mail,” says Attorney Cynthia L. Gibson. And they are getting more popular with HR for background checks. Unfortunately, she says, once you turn up information you don’t want, “you can’t unring the bell.” Gibson is senior vice president, Legal, […]

News Notes: Controversy Over Arbitration Rages On

Finding the right language to ensure that arbitration agreements will stand up to legal scrutiny can be tricky. And a new decision by the California Court of Appeal adds to the confusion. When executive William Stirlen sued Northern California-based Supercuts for wrongful discharge, Supercuts tried to enforce an arbitration clause in Stirlen’s employment agreement. But […]

Short Takes: Use-It-or-Lose-It Vacation Policies

Can we institute a use-it-or-lose-it vacation policy to encourage our employees to take their vacations? 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know. Use-it-or-lose-it vacation policies are not allowed in California. […]

NLRB Reports on Active Fiscal Year

The National Labor Relations Board (NLRB) concluded a busy fiscal year 2011 by reporting that it issued 368 decisions in contested cases while also pursuing two rulemaking initiatives during the year, which ended September 30. The NLRB issued a statement on November 8 summing up the year. Here are highlights: The Board considered 272 unfair […]

Exempt Workers: How To Tell When You Have To Pay Overtime To Outside Sales Employees; New Decision Clarifies The Rules

After selling and delivering bottled water for more than three years, Peter Ramirez quit his job and sued his employer, Yosemite Water Company, for back overtime. His lawsuit, which went all the way to the California Supreme Court, highlights how difficult it can be to determine whether or not outside sales personnel qualify as exempt […]

Mr. "Please Sue Me" Takes on Terminations

In yesterday’s Advisor, we heard from Hunter "Please Sue Me" Lott on wage-and-hour issues. Today, his take on avoiding termination-based lawsuits, and an introduction to the extraordinary all-in-one HR website, HR.BLR.com. Lott, an HR practitioner dedicated to the "rights of management," is known for his entertaining yet informative approach. His remarks came during his annual […]