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A Publication of California Employer Resources

Employment Law Compliance
Help for California Employers

Since 1991, California Employer Advisor has been helping California employers with their employment-related compliance challenges. We understand as well as you do that doing business in California simply isn't like doing business anywhere else.


Exclusive Members-Only Webinar Series

Each month, we offer a special webinar exclusively for our CEA Online subscribers. CEA Online subscribers also get access to our full library of past subscribers-only webinars.

Our featured webinar is:

Meal and Rest Breaks in California:

Food for Thought on How to Handle Your Compliance Obligations
Learn More

Tuesday, April 29, 2014
10:30 a.m. to 12:00 noon (Pacific)

Members can register here.

Not a member yet? Click here.

Webinars on Demand
Family and Medical Leave in California: Top 10 CFRA/FMLA Administration Goofs to Avoid!Family and Medical Leave in California: Top 10 CFRA/FMLA Administration Goofs to Avoid!
Originally presented on March 26, 2014
Administering leave under the California Family Rights Act (CFRA) and the federal Family and Medical Leave Act (FMLA) remains one of the trickiest challenges for HR professionals to master--especially in California where CFRA, along with pregnancy leave and other time off requirements, require broader compliance obligations.

. . .

California's Healthcare Exchange: What Employer Should KnowCalifornia's Healthcare Exchange: What Employer Should Know
Originally presented on February 26, 2014
Effective January 1, 2015, larger employers, those with 50 or more full-time equivalent employees, must provide group healthcare coverage or will be subject to "pay or play" penalties under the Affordable Care Act. The penalties won't apply to small employers, those with fewer than 50 employees, and such organizations are eligible to enroll in Covered California/SHOP.

. . .

FMLA/CFRA Certifications: How to Properly Track Absences and Stop Leave AbuseFMLA/CFRA Certifications: How to Properly Track Absences and Stop Leave Abuse
Originally presented on January 29, 2014
FMLA and CFRA situations are far from black and white affairs. For instance, what happens when an employee repeatedly forgets to give you the certification form from his doctor, or fails to return it by the specified deadline? What if the healthcare provider is actually the obstacle in your path? You've got to get that information somehow, but the law, particularly here in California, doesn't make it easy.

. . .

HR Recordkeeping in California: What to Keep, What to Shred & Practical Pointers on Everything in BetweenHR Recordkeeping in California: What to Keep, What to Shred & Practical Pointers on Everything in Between
Originally presented on December 18, 2013
This seminar will provide an overview of the potential pitfalls of HR recordkeeping in California, especially those danger areas that organizations may not realize they're inadvertently violating. It will provide an overview of the kinds of records HR professionals come into contact with, what they should and shouldn't be keeping, their legal obligations, and what to do if federal or state agencies come knocking. . . . more

Pregnancy Related Liabilities in California  How to Master the Tricky Compliance Issues This Protected Condition DeliversPregnancy Related Liabilities in California How to Master the Tricky Compliance Issues This Protected Condition Delivers
Originally presented on November 21, 2013
When an employee announces her pregnancy, you could find yourself walking a legal tightrope to ensure that you don't violate several state and federal antidiscrimination and leave laws, such as the California Family Rights Act (CFRA), the Family and Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA), and the Fair Employment and Housing Act (FEHA). . . . more

Policies and Forms
Sample Policy: Recruitment of New EmployeesSample Policy: Recruitment of New Employees
Updated February 2014
XYZ, Inc., aggressively recruits to attract top-caliber individuals to all levels of the organization. Vacant or new positions may be filled by either transfer or promotion of existing employees, or by new employees who are recruited or apply. Recruitment may be conducted through advertising . . . more

Sample Policy: State Unemployment InsuranceSample Policy: State Unemployment Insurance
Updated February 2014
You may be protected against total loss of wages if you become unemployed under certain conditions as outlined by the California Unemployment Insurance Code. Eligibility requirements under this code . . . more

Sample Policy: State Disability InsuranceSample Policy: State Disability Insurance
Updated February 2014
Nonoccupational disability insurance is provided by state law for every California employee who is covered by the Unemployment Insurance Code and who meets the eligibility requirements. . . . more

Sample Policy: Workers' CompensationSample Policy: Workers' Compensation
Updated February 2014
XYZ Inc. furnishes workers' compensation insurance coverage at its expense. Workers' comp insurance is intended to provide medical care and pay for lost time resulting from injuries on the job and those illnesses . . . more

Sample Policy: Intellectual Property Assignments: Inventions, Patents, and CopyrightsSample Policy: Intellectual Property Assignments: Inventions, Patents, and Copyrights
Updated February 2014
All inventions, patents, and copyrightable works conceived, developed, or created by any XYZ Inc. employee during the term of his or her employment are created as works for hire and will remain the sole property of the company. XYZ will be free to use any such discoveries, . . . more

California Employer Advisor

Most Recent Articles
Online Exclusive: Checklist of FMLA notices
CEA Online Exclusive May 2014
When a covered employee requests family and medical leave, you must provide a series of notices and take related actions. Failing to furnish the required notices can result in liability under the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA)--especially if you ultimately deny the leave request. . . . more

Help us help you!
May 2014
At . . . more

Leaves: 9th Circuit allows termination; Employee declined to use FMLA/CFRA leave
May 2014
The 9th Circuit Court of Appeals, which covers California, has ruled that employees can decline to use leave under the federal Family and Medical Leave Act (FMLA) and California Family Rights Act (CFRA)--even if the underlying reason for the leave would otherwise have invoked FMLA/CFRA protection. The court's ruling tackles an issue not specifically addressed in the FMLA or its state counterpart. . . . more

Unemployment compensation: Court rules for fired employee; Why the worker didn't 'constructively quit'
May 2014
Employee termination comes with a whole host of risks, including the possibility that the employee will file for unemployment benefits. In the absence of misconduct, a former employee generally will be disqualified from benefits only if he or she left the job voluntarily. . . . more

Wage and hour: Will your summer internship program pass legal muster?
May 2014
With summer just around the corner, some California employers are no doubt looking forward to the relief provided by unpaid interns. While unpaid internship programs offer some obvious benefits to both employers and interns, poorly structured programs also come with the risk of violating federal and state minimum wage laws. . . . more

Liability: Employer isn't liable for employee's poisoning of coworker
May 2014
Most employers know they can be held liable for their employees' actions--that's the bad news. The good news is that there are some limits to that potential liability. . . . more

Religion: EEOC issues guidance on religious garb and grooming; How to avoid claims
May 2014
In the January issue of CEA, we told you about a series of religious discrimination lawsuits brought against clothing retailer Abercrombie & Fitch based on its failure to accommodate Muslim individuals who wear a headscarf known as a hijab. . . . more

Featured resource: 9 tips for ensuring meal and rest break compliance in California
May 2014
With penalties and the potential for lawsuits, the costs of meal and rest period missteps can add up quickly. . . . more

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California Employer Advisor

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The Planning Center

CER has received 14 Editorial Excellence Awards