Practical HR Tips, News & Advice. Updated Daily.
Employers still have to contend with plenty of uncertainty regarding employees’ same-gender spouses, regardless of the U.S. Supreme Court ruling in U.S. v. Windsor (No. 12-307, June 26, 2013). That decision may have declared Section 3 of the federal Defense of Marriage Act unconstitutional, but it was a narrow ruling that left divergent state laws […]
Late last year, the California Division of Workers’ Compensation finalized its amendments to regulations on medical provider networks (MPNs) and the information employers must provide employees.
by Bradley T. Cave A Wyoming law going into effect on July 1 creates a new criminal offense—computer trespassing—that may give employers a new tool to prevent employee sabotage. Computer trespassing occurs when a person knowingly and without authorization sends malware, data, or a program that (1) alters or damages a computer, system, or network […]
When Leslie Kohler sued under California’s Fair Employment and Housing Act claiming that her supervisor at Inter-Tel Technologies sexually harassed her, Inter-Tel said it wasn’t liable because it had taken reasonable steps to prevent harassment and Kohler had unreasonably failed to take advantage of the employer’s corrective opportunities by failing to report the incidents. Kohler […]
Arizona’s new immigration law, Senate Bill (SB) 1070, authorizes state and local law enforcement officials to inquire into the immigration status of any person “where reasonable suspicion exists that the person is an alien who is unlawfully present in the United States.” The law regulates aliens directly, not by means of the employer-employee relationship. Nevertheless, […]
The IRS has issued final/temporary and proposed rules, and a raft of guidance and draft forms related to reporting requirements for employers and individuals under health care reform. The rules and guidance are designed to help individuals and businesses calculate both their penalties if they don’t have health coverage, and subsidies, if they are eligible, […]
Provisions in an employment contract between Western & Southern Life Insurance Co. and its sales agents stated that agents had only six months from the date of discharge to file a lawsuit for wrongful termination, even though California law may provide up to four years to sue for breach of contract. The employment agreement also […]
California and federal law generally require that employees working over 40 hours in a workweek be paid an overtime premium rate for those additional hours. California law also requires that employees who work more than 8 hours in a day be paid overtime, and double-time if they work more than 12 hours in a day. […]
The other day, it was pointed out to me that we Americans like to be comfortable. It may seem like I’m stating the obvious here since no one likes to be uncomfortable. And maybe I am, but hear me out on this one. Do you know what the number one selling chair is in America? […]
Many employers are now making the unhappy discovery that their finance and operations people made aggressive exempt-status and other wage and hour-related determinations that are coming back to haunt their organizations in the form of big wage and hour lawsuits and payouts. Attorney Kurt A. Franklin of the San Francisco office of Hanson Bridgett, LLP, […]