Archive for the ‘Employee Policies, Handbook, Forms’ Category
WORKPLACE AGE DISCRIMINATION LAWS PROTECT “OLD PEOPLE” ONLY
How Old is Legally “Old”? While many might recognize that business cannot use “age” as a criterion for employment decisions, including hiring, promotion, discipline or termination, the federal and California protections actually only apply to persons “of a certain age.” Workers under 40, the relatively “young,” do not have such rights. Employees aged 40 or […]
PRE-EMPLOYMENT TESTING
Inquiries are Limited to Job-Related Skills and Qualities While a manager’s “gut instinct” might work when choosing which candidate to hire, it might not. Employing an individual who makes a seemingly great first impression in an interview but who turns out to be a dud or hell-on-wheels once in the stress of the working environment […]
NO PROTECTION FROM WORKERS’ COMPENSATION REQUIREMENTS
California Employers Must Carry On-the-Job Injury Insurance California businesses must carry workers’ compensation insurance for every employee, even just one. Group or personal health insurance is not a substitute. Workers’ compensation is oldest social insurance program in the U.S., adopted by most states in early part of the 20th century. The coverage is intended to […]
EMPLOYEE MILITARY LEAVE
Re-Employment and Pay Requirements for Returning Service Members Soldiers returning from active duty to civilian life are protected by a number of federal and state laws. This includes reservists and National Guard members. Under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), it is unlawful for an employer to deny initial […]
SAY “ADAAAAHHH” – MORE PEOPLE TO BE PROTECTED UNDER FEDERAL WORKPLACE DISABILITY LAWS
The Equal Employment Opportunity Commission (EEOC) has issued its final rule, effective May 24, 2011, implementing the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The agency’s directive seeks to cement the ADAAA’s expanded scope of workers protected against disability discrimination. The original ADA (1990) defines “disability” as: a) a physical or mental impairment […]
THE PERILS OF HIRING SUMMER INTERNS
No Free Ride for Employers Who Ignore the Rules With an economy continuing to sputter, a company may be more keen to take on unpaid summer interns to share the workload. Yet, if a business fails to fulfill detailed laws and regulations for such training programs, this supposed “cost-cutting” measure could become an expensive litigation […]
NATIONAL ORIGIN DISCRIMINATION
Best Practices for Fair and Equal Employment In our richly diverse society, it is perhaps no surprise that national origin workplace discrimination claims have been increasing steadily across the country since 2001. It is unlawful for business to make a significant employment decision – e.g. hiring, advancing, demoting, or firing – based on a worker’s […]
JOB DISCRIMINATION AGAINST THE UNEMPLOYED
EEOC’s Recent Hearing on Out-of-Work Job Applicants In Being Unemployed Just Got Harder (February 16, 2011), we reported the U.S. Equal Employment Opportunity Commission’s (EEOC) impending hearing on a possible national trend of hiring only those currently employed — a choice certainly not likely to help the country’s unemployment challenges. In a post-hearing statement, EEOC […]
EMPLOYEE MEAL PERIODS AND REST BREAKS
California’s Basic Requirements for Daily R&R California hourly workers are entitled to certain rest and meal breaks depending on how many hours they work in a given day. The basic rules: employers must provide an unpaid off-duty meal period at least 30 minutes long for every 5 hours in a workday, and 10 minute paid […]
WHEN EXTRA HOURS ARE NOT OVERTIME
Same-Week Makeup Time in California California is one of a minority of states that requires higher pay for daily overtime, after eight hours of labor. This could discourage companies from permitting employees to make up time taken for important engagements by adding hours onto another day’s work. However, following certain guidelines will permit a worker […]