California Employer Advisor

Online Exclusive: Checklist of Questions to Ask in a Harassment Investigation

Under both federal and state law, employers can be held liable when employees are harassed by their supervisors or co-workers. Regardless of whether the alleged harasser is a supervisor (fo

EEOC says Title VII protects transgendered employees

The Equal Employment Opportunity Commission (EEOC) has issued a ruling clarifying the applicability of Title VII, the federal antibias law, to transgender individuals. The case involved a former soldi

DLSE posts revised Wage Theft Protection Act notice form

Since January 1 of this year, the Wage Theft Protection Act (WTPA) has required California employers to provide written notice to new hires specifying certain pay-related information. The Division of

Special Report included with this issue: Social Media and HR: How to Manage Your Risks

Do you use social media? Maybe not—but your employees almost certainly do, both off-duty and at work. Even if they post only seemingly innocuous "status updates" about their day, or take a more passive-observer approach to social media, your employees' activities open you up to a wide range of potentially costly legal and reputational risks. Our new Special Report will bring you up to speed on the risks out there and provide practical advice on how to reduce your exposure.

Wage and Hour: California Supreme Court Clarifies Employers' Obligations Regarding Meal and Rest Br

The California Supreme Court has finally issued its much-anticipated ruling in the Brinker case on the extent of employers' responsibilities when it comes to mandatory meal and rest breaks--and, for the most part, it turned out to be worth the wait.

Workers' Compensation: Stress-Related Migraines Aren't Compensable; When Are Psychiatric Injuries C

Workers' compensation claims can stress out employers--especially if they're for psychiatric injuries. Such claims are ripe for fraud and abuse because they can lack obvious physical signs and symptoms.

Discrimination: Can High School Diploma Requirements Violate the ADA? The EEOC Clarifies Its Posit

Back in November 2011, the U.S. Equal Employment Opportunity Commission (EEOC) caused a dustup when it issued an informal discussion letter about how the Americans with Disabilities Act (ADA) applies to high school diploma requirements for jobs.

Arbitration: Court Strikes Down Arbitration Agreement; Where the Employer Went Wrong

The California Court of Appeals has issued another in a series of rulings finding mandatory employee arbitration agreements invalid. Read on to learn how yet another employer got tripped up by some seemingly simple requirements for valid arbitration agreements.

Harassment: Tensions Between Pakistani and Indian Co-Workers Lead to Claims of National Origin, Rel

Many California employers find themselves employing workers from foreign countries these days. If you're one of them, you may think your primary concern is making sure the workers are authorized to work in the United States.

Featured Resource: Is That Injury Covered by Workers' Comp?

Not every injury a worker sustains on the job is covered by workers' compensation. The guidelines below can help you determine whether injuries in your workplace are compensable.

California Supreme Court rules on meal and rest breaks

On April 12, the California Supreme Court issued its long-awaited ruling on the extent of employers' responsibilities when it comes to mandatory meal and rest breaks. In Brinker Restaurant Corp. v.

WCIRB to raise rate again

The Workers' Compensation Insurance Rating Bureau (WCIRB) is expected to request a 9.1 percent average increase in its midyear filing. This bump is in addition to the 37 percent rate increase that the

NLRA: NLRB Upholds Unlawful Termination; Post-Discharge Misconduct Forfeits Reinstatement Right

In last month's issue of CEA, we explained how an employee's outburst during an otherwise protected activity under the National Labor Relations Act (NLRA) can cost him or her those protections. Now we have a case in which an employee's misconduct five months after his NLRA-prohibited termination cost him the right to reinstatement.

Visas: DOL Tightens H-2B Application Process; New Rules For Using Temporary Foreign Workers

The U.S. Department of Labor (DOL) has released a final rule addressing the H-2B visa program that significantly revises some of the changes to the application process that were instituted just a few years ago. The rule amends the certification and recruitment requirements associated with employing nonimmigrant workers for temporary or seasonal nonagricultural work and introduces new protections for both U.S. and foreign workers.

Health Insurance: IRS Releases Guidance on Reporting Cost of Coverage; What You Need to Know

Despite resistance from some states and a pending review before the U.S. Supreme Court, the 2010 Patient Protection and Affordable Care Act continues to march forward. While many of the healthcare reform law's most significant provisions don't take effect until 2014, the health coverage informational reporting requirements kick in for most employers this calendar year.

Disabilities: Injured Vets Return from the Field; Hints for Hiring Workers with Service-Related Dis

As the U.S. continues to draw down its forces in Iraq and Afghanistan, more and more veterans are coming home and looking for jobs. Unfortunately, more than 25 percent of recent veterans return with service-related disabilities.

Harassment: Employer Is Liable for Co-Workers' Cyber Bullying; Court of Appeals Upholds $820,700 Aw

News of online bullying and harassment of pre-teens and teens is everywhere these days, but it's not only students who engage in this type of activity. As blogs and social media have grown in popularity, grown-up employees have started using them to harass their co-workers.

Featured Resource: How Heart-Healthy Is Your Workplace?

Heart disease is the leading cause of death in the United States. Although employers may have little to no control over many factors affecting heart health--including workers' weight and overall health status, genetic heritage, and health behaviors like diet, exercise, and smoking--some conditions in your workplace may play a role.

Online Exclusive: Checklist for Salesperson Exemptions from Overtime

Both the federal Fair Labor Standards Act (FLSA) and California wage and hour laws exclude certain salespeople from overtime pay requirements. While both federal and state law exempt outside and commissioned salespersons, though, they apply different tests.

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