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Technical Notification Failure Dooms FMLA Defense

In yesterday’s Advisor, attorney Stephen R. Woods presented two recent cases that illustrate the need for careful HR training about what to say and what not to say. Today, another teaching case plus an introduction to a unique online training system. Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree […]

Time to Terminate At-Will Disclaimers? No! Says Expert

In today’s we-want-to-be-the-employer-of-choice world, isn’t it counterintuitive to be telling each new employee, “We can fire you for any reason or no reason”? In the face of the numerous exceptions to employment-at-will status (see yesterday’s Advisor), why would any company bother with at-will statements? Even though it may seem wrong from a morale standpoint, and […]

Ask the Expert: We have a time clock system that automatically deducts lunch hours from only one department. Is this legal?

November 11, 2010 Employers are not required to pay employees for time spent during bona fide meal periods. Bona fide meal periods are ordinarily breaks that last at least 30 minutes, but they may be shorter under special conditions. They do not include coffee or snack breaks; these are rest periods that may have to […]

Supreme Court Denies Wal-Mart Class-Action

By Megan E. Snyder The U.S. Supreme Court recently handed down a decision in Wal-Mart Stores, Inc. v. Dukes, a landmark case involving 1.5 million female current and former Wal-Mart employees who attempted to challenge the retail giant’s employment practices. Essentially, the women complained that local stores have too much discretion in making decisions about […]

TN Senate: No Safety Penalty for Employers That Allow Guns at Work

A bill rapidly making its way through the Tennessee Legislature would protect employers that opt not to restrict persons who are legally licensed to carry a handgun from bringing their weapons into the workplace. On Monday, Senate Bill (SB) 519 passed almost unanimously (the lone dissenter was Democratic Senator Beverly Marrero of Memphis). The bill, […]

Did Misconduct Discovered During FMLA Leave Justify Termination?

By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]

We don’t mean to toot our own horn, but…

…aw, heck, yes we do! California Employer Daily has just been recognized by APEX, receiving the Award for Publication Excellence in the category “New Web & Intranet Sites.” We’re very excited and want to thank you, our readers, for giving us such a great start.

Training, enforcement key parts of DOL’s proposed budget

The Obama administration’s proposed U.S. Department of Labor (DOL) budget for fiscal year 2015 stresses a continuation of enforcement initiatives from previous years as well as new job training and assistance initiatives. Released on March 4, the budget proposal includes $11.8 billion in discretionary funding for the DOL, $300,000 less than the request in the […]