By Kim Silvers, SPHR-CA A recent decision by the Ninth Circuit Court of Appeals gives employers some reinforcement to enforce attendance policies notwithstanding an employee's claim of the need for reasonable accommodation for a serious health condition. The...
Confidentiality in Workplace Investigations – One More Consideration
Confidentiality in Workplace Investigations In many workplace investigations surrounding an employee complaint, employers routinely ask employees not to discuss the case with co-workers while the investigation is pending. This allows the investigator to protect...
I’ve Got Some Bad News…
by Jeremiah Miller, Forging Leaders "Miah, your mom and I are getting divorced.” “Son, you’re going to need surgery to repair that knee.” “Listen Jeremiah, this isn’t working out. I think we should break up.” I’ve been on the receiving end of my share of...
We Have More Than One Company – Does FMLA Apply?
by Susan R. Breslauer, SPHR-CA We recently received the following scenario and question regarding the Family and Medical Leave Act (FMLA) from a client: Our business has 3 separate companies with 60 employees in total related by ownership (the same owners for all 3...
New EEOC Enforcement Guidance limits Employer’s Use of Criminal Information
Knowing as much as possible about an applicant's background is key to making a great hire. In this pursuit, most employers require job applicants to note any criminal convictions on the employment application prior to hire consideration. (In fact, our Silvers HR...
Meal and Rest Breaks Decision Is Finally In
by Kim Silvers, SPHR-CA The Brinker Restaurant Corp v Superior Court case regarding the timing and requirements around meal and rest breaks for non-exempt employees has been in the courts for over eight years. We finally have a decision! Bottom line: no one thinks...
Choosing a Payroll Service
By Mike Ruppenthal, Ovation Payroll When you’re running a business, you’ve got a lot going on and a lot on your mind. Yes, there are numerous small tasks you have to do each day, but your main focus needs to be on what your company or organization does best, which...
Ignoring the Basics Can Cost Employers a Bundle
We’ve seen some recent legal activity around the itemized statements (aka “check stubs”) that is concerning and costly to California employers. Employers are being socked with outrageous penalties and legal fees for simple oversights on pay stubs. Today, take time...
Clarification for Reporting Time and Split Shift Pay – Good News for Employers
By Kim Silvers, SPHR-CA A California Court of Appeal ruled this month in Aleman v. AirTouch Cellular that employees attending a pre-scheduled meeting time that ends early are not required to be paid for a minimum of 2 hours reporting time pay as long as the meeting...
