California Employer Advisor - The Award-Winning Guide to Employment Law and Employee Relations
Home | Contact | Free E-Zine | Tell a Friend | Search | SUBSCRIBER LOGIN


 ABOUT US
 About This Site
 Editorial Review Board
 Mission Statement
 Site Tour
 NEWS & ADVICE
 Most Recent Articles
 Browse by Topic
 Search
 Audio Conferences
 Weekly E-Alert Articles
 Online Exclusive
 RESOURCES
 HR Policies & Forms
 Checklists
 Special Reports
 Required Notices
 Ask an Editor
 Discussion Forum
 Reference Links
 Subscription Services
 Products
 HELP
 Account/Login Help
 Contact Us
 Privacy Policy
 FAQs
 Our Guarantee
 Text Size
 TESTIMONIALS
Here's what our subscribers are saying ...
"I'm a fan of ERI and the California Employer Advisor. I started subscribing years ago, probably when ERI was initiated. It's my favorite employment publication and have subscribed at each employer and used with HR staff. It's a quick read and gives the core of an issue and is current. I like the lay-out and also subscribe on-line. It's just a quality experience."

J. Logan
Attorney
Director Human Resources
City of Newark, CA

"I appreciate the timely and informative information provided by your excellent newsletter supplemented by your online updates. Keep up the good work."

Steve Ross
Executive VP
The American Consulting Group
Mission Viejo, CA

"This is a great thing that you are doing. It helps the layman gain knowledge about California law and current events. Thanks!"

Brett Arenas
Cascade Drilling

"I have recommended California Employer Advisor to my colleagues. It is concise and clear, and the coverage of laws specific to California is easy to read and interpret. This is the only California employment law subscription service I buy."

Barbara J.
Director of Development
History San Jose
San Jose, CA

"I recommend California Employer Advisor. It has a lot of helpful information on ever-changing labor laws. I am just so glad you exist. You make my job alot easier."

Victoria G.
Golden Valley Health Centers
Merced, CA

"The California Employer Advisor is an essential component of up-to-date information that I use in my profession."

Gayle L., HR Manager
Old Fisherman’s Grotto
Monterey, CA

"I appreciate the accuracy and timeliness of the information in California Employer Advisor"

Roberta C., CFO
Professional Print & Mail, Inc
Fresno, CA

"Your weekly e-alerts, and additional resources available to subscribers, allow me as an HR Consultant to be at the top of my game. Very informative and timely—making strategic recommendations that much easier!"

Aimee Heller
HR Consultant
North Bay Human Resources Consulting

"I'm writing to say how much I appreciate receiving the weekly e-alert. It goes a long way in keeping me informed about important decisions and HR trends. So thanks!"

Kathy Nesper
a small-business Business Manager
Bellflower, CA

"California Employer Advisor is like an American Express card—you can't do business without it."

Steve Singer
President
OASE Pumps, Inc.


"I have been in HR for 13 years, and California Employer Advisor is the best publication I have ever seen. It's clear, concise, and presents all relevent information on the topic."

Gail Pollard
HR Consultant
Aetna Life & Casualty


"I love your new website! Being able to frame specific questions to someone who could point me in the right direction is worth all the money I pay. I have been a user for at least the last 8 years."

Cynthia Mendez
Director Global Human Resources
BakBone Software, Inc.


"I have recommended California Employer Advisor to several colleagues because the information is timely. It is hard to keep up on everything. It helps me focus on top issues."

Lillian Wekner
HR Specialist
Healthline Systems


"I love the weekly E-Alert! Don't change a thing!"

Kathy Detrick
Human Resource Director
Carroll, Burdick & McDonough LLP


"I like the E-Alert! It's straightforward, succint, a quick yet informative read. Thx."

G. Matthews


"I think the weekly E-Alert is great. It gives short and vital info regarding critical issues. It keeps me updated on the recent changes."

Hermie Montani
Southwire Company


"I like your newsletters. Often I know something is changing before management does. Thank you for keeping me up-to-date. I like being the first to know."

Karen Nelson
Countrywide Home Loans


"I would not miss your weekly E-Alerts. They are very helpful."

Nancy Blair
Administrative Manager
Stinson Stationers, Inc.

"California Employer Advisor helped us prevent a lawsuit by an employee who claimed he should be paid overtime. The newsletter provided very specific information that helped us show the person was actually exempt."

Monique Klarich
Director of Human Resources
DuPuis Design

"I have been in HR for 13 years and this is the best publication I have ever seen. It's clear, concise, and presents all relevant information on the topic."

Gail Pollard
HR Consultant
Aetna Life & Casualty

"...the investment is so small compared to the value of the information provided."

Nancy A. Tillie
Business and Personnel Manager
Clean Seas

"...a quick and informative read...deals directly with reality as opposed to academic theories...focuses on relevant, day-to-day operational concerns."

Lynn Warren
Director of Human Resources
Sherman Oaks Hospital and Health Center

"I turn to California Employer Advisor weekly for answers—it saves me a call to our lawyer. It's my bible"

Melissa Hotell
HR Manager
Davis Lumber & Hardware

"Combines the worlds of law and employee relations into an extremly useful and readable format...practical advice on complex issues...written for the nonlawyer."

Edward T. Gardner
Vice President, Human Resources
Spectra-Physics Lasers, Inc

"Although I use many tools to keep current on the ever-changing legal requirements for California employers, California Employer Advisor is the most valuable. Nowhere else can I get such timely and accurate information in a concise, understandable report! I'm always recommending your newsletter."

Janet Caprario
Finance Director
The Planning Center

A publication of Employer Resource Institute
California Employer Advisor
Employment Law Compliance Help for California Employers

California Employer Advisor helps human resource professionals, business owners, and managers. The state and federal laws that govern your relationship with your employees change fast. We keep you up-to-date and in compliance.

Are you new to California Employer Advisor?
Learn how this subscription website can help you stay up-to-date with employment laws in our state. And learn how you can download a FREE special report on preventing harassment lawsuits.

Already a subscriber to California Employer Advisor print newsletter?
Upgrade to an online subscription now for only $69! (Limited-time special offer for print subscribers only.)

2008 ERI Great California Workplaces Award

Featured Resources
Managing Within the Law for California Supervisors: How to Ensure They Comply with the State and Federal Laws That Affect Your WorkplaceManaging Within the Law for California Supervisors: How to Ensure They Comply with the State and Federal Laws That Affect Your Workplace
Audio Conference
Thursday, May 15, 2008
Many supervisors enjoy the "managing" part of their jobs--hiring the best people, interacting with their workers, and motivating them to succeed at what they do. What causes the most headaches for supervisors (and for you, the HR professional) is the "complying" part of their jobs--understanding employment laws and regulations and ensuring that their organizations follow these rules. . . .
more

FMLA Changes and New Proposed Regulations: What You Need to Know to Comply NowFMLA Changes and New Proposed Regulations: What You Need to Know to Comply Now
Audio Conference
Wednesday, May 21, 2008
It's breaking news: President Bush just signed the very first changes to the federal Family & Medical Leave Act (FMLA) since the law was enacted 15 years ago. . . .
more

Employee Benefits: New Ruling Says Employees Can Sue Over 401(k) Mistakes; How to Protect YourselfEmployee Benefits: New Ruling Says Employees Can Sue Over 401(k) Mistakes; How to Protect Yourself
Audio Conference
Friday, May 23, 2008
The U.S. Supreme Court recently ruled that when fiduciary misconduct reduces the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. . . .
more

Electronic Recordkeeping in California: What to Keep, What to Toss, What to Scan, and Where to Store ItElectronic Recordkeeping in California: What to Keep, What to Toss, What to Scan, and Where to Store It
Audio Conference
Wednesday, June 4, 2008
In today's workplaces, emailing, texting, blogging, and the Internet are a way of life. So are electronic records. You may have had your old paper recordkeeping system down flat, but it's a whole new world when you get rid of the paper and move to digital. . . .
more

Employee Orientation: Why It's a Crucial Part of Your Business; How to Energize, Integrate, and Retain Your Newest HiresEmployee Orientation: Why It's a Crucial Part of Your Business; How to Energize, Integrate, and Retain Your Newest Hires
Audio Conference
Thursday, June 5, 2008
You've spent lots of time and money finding and hiring the best employees. Once they're on the job, however, many employers inadvertently discourage and chase off these new hires by offering ineffective or even off-putting orientation and on-boarding programs. . . .
more


Featured Articles
Bulletin: Government raises employer fines for immigration violations
As of March 27, 2008, employers that violate federal immigration laws must pay heftier penalties. Employers face fines for knowingly employing unauthorized aliens . . . more

Employment Tests: New EEOC Fact Sheet Highlights Avoiding Bias When Screening Job Candidates and Employees; Five Best Practices
Selecting the best person for the job is crucial to any organization's success. But if you're using tests and other selection procedures to help you make sound employment decisions, it's important to be aware of how federal antibias laws limit the use of screening tools. . . . more

Hiring: Should You Accept Video Resumes? Three Practical Tips
As jobseekers search for ever more creative ways to get noticed by prospective employers, some are submitting video resumes to supplement written resumes. Typically, these are short videos that highlight a job candidate's skills or qualifications, and they usually show images of the person. A survey by career publisher Vault, Inc., reveals that 89 percent of employers would be willing to accept video resumes. . . . more

Disabled Workers: New Case Shows Importance of Interactive Process in Finding Reasonable Accommodation; Tips You Can Use
Arnie Armstrong worked as a distribution stock clerk for Burdette-Tomlin Memorial Hospital in New Jersey for about 18 years. During his tenure, he was sometimes plagued by a preexisting neck and back condition. . . . more

Electronic Monitoring: Employer Had Duty to Investigate Employee's Criminal Online Activities; 3 Protection Steps
Suppose an employer that monitors its workers' Internet use finds evidence that an employee is using company computers to access child pornography online. Does the employer have to investigate the situation and take action to stop any criminal activity? According to a landmark court decision the answer is . . . more


Most Recent Articles
Family and Medical Leave Sample Policy
Properly administrating leave taken under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) is often a challenging task. This month's Online Exclusive is an updated, comprehensive FMLA/CFRA policy, which includes provisions addressing the new active duty and service member leaves available to employees. . . . more

Bulletin: Special Report included with this issue: "The California Employer's Compliance Guide to COBRA and Cal-COBRA"
It's critical for employers that have two or more employees and offer health benefits to understand their obligations under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and the state version, Cal-COBRA. These laws . . . more

Bulletin: Next month! An ERI Intensive Class on terminations
Even experienced HR professionals encounter difficulty when dealing with termination issues. And small mistakes can lead to expensive litigation. How can you protect yourself and your company? Have a . . . more

Bulletin: California Supreme Court issues important CFRA ruling
The high court recently decided that an employer cannot automatically deny medical leave for a serious health condition even though an employee works another job with similar duties. Antonina Lonicki was a technician at Sutter Health Central, . . . more

Bulletin: Nominate your organization for the ERI 2008 Great California Workplaces Award
Is your company a great place to work? Tell us why! As of May 1, we're accepting entries through August 31 for the ERI 2008 Great California Workplaces Award, which recognizes California employers of all sizes that have implemented unique, . . . more

Bulletin: Bush administration reworks 'no-match' rule
The government recently released a tweaked version of its employment-eligibility verification rule that had been blocked by U.S. District Court Judge Charles Breyer last fall. Opponents . . . more

Bulletin: U.S. Supreme Court hands down another arbitration-related ruling
In this issue of CEA, we cover a new U.S. Supreme Court decision finding that federal policy favoring arbitration trumps state law. The nation's high court recently . . . more

Retaliation: California's High Court Says Supervisors Can't Be Held Personally Liable for Retaliation; How the Ruling Affects Employers
The California Supreme Court has decided that supervisors can't be held personally liable for retaliation under the California Fair Employment and Housing Act (FEHA), the state's antibias law. We'll explain the new case and its impact for employers. . . . more

Workplace Bias: U.S. Supreme Court Rules on Admissibility of 'Me,Too' Evidence; Employers May Not Be Off the Hook
An employee sues your organization, claiming you laid her off because of her age. To help prove her case at trial, the employee is planning to have a few former co-workers testify that they, too, were subjected to age bias. As it turns out, however, the managers involved in the co-workers' allegations played . . . more

Workers' Compensation: No Award for Employee Who Invited Co-Workers' 'Disdain' with Her Own Questionable Behavior
Rosemary Verga was a United Airlines staff representative in the human resources department. She filed a workers' compensation claim for an injury to her psyche she said stemmed from a difficult staff meeting, but a California . . . more

U.S. Supreme Court Update: New Rulings on Arbitration Agreements and Discrimination Charges Are Good and Bad News for Employers; What You Should Know
A new U.S. Supreme Court decision addresses arbitration agreements, concluding that federal policy favoring arbitration trumps state law. In another important ruling, the Court focused on age discrimination charges, endorsing a relaxed standard that makes it easier for employees to bring age discrimination . . . more

Tipped Employees: Court Jolts Starbucks with $100 Million Judgment for Tip-Pooling Violations; Quick Guide to California's Rules
A California superior court judge has jolted Starbucks Corp. with a venti-sized $100 million judgment for violating state law by having shift supervisors share in employee tips. Here's a look at why the employee award was . . . more

Unions: Know When Employer Surveillance of Organizing Activity Is Illegal; 4 'TIPS' to Use Now to Prevent Legal Mistakes
The Ninth Circuit Court of Appeals, which covers California, has rejected a union's claim that an employer committed an unfair labor practice when human resources employees interrupted meetings between union organizers and . . . more

Exempt Employees: How California Employer Won Overtime Exemption for High-Level IT Employee
Skyriver Communications, Inc., a San Diego wireless broadband Internet service provider, employed Mark Combs as director of network operations and classified him as an exempt administrator. Combs spent about 60 to 70 percent of . . . more

News Note: Unpaid Wages of $44.63 Don't Justify $46k In Attorney's Fees
What's a "reasonable" attorney's fee in a wage and hour lawsuit? A California appeals court in Los Angeles explored this issue in a recent case in which Michael Harrington sued a payroll provider to recover $44.63 in unpaid wages. He filed the case as a class action but then . . . more

News Note: Former TV Anchor Loses Reverse Bias Suit
Bradford Hicks, who is white, was a weeknight news anchor for KNTV Television, Inc., in the Bay Area. When his contract expired, KNTV chose not to renew it. Several months later, when KNTV hired an African-American man . . . more

News Note: Employer Wins Attorney's Fees in Frivolous Race Bias Case
In a rare twist, the city of Colton has won a $39,000 attorney's fee award from former employee Daniel Villanueva for targeting the city with a frivolous race discrimination and retaliation . . . more

News Note: Workplace Bullying May Hurt Employees More Than Harassment
Workplace bullying can have more severe consequences than sexual harassment, according to a new Canadian study by researchers at the University of Manitoba and Queens University, "Outcomes of Aggression and . . . more

Sexual Harassment: Do You Have a Solid Complaint System? Federal Court Admonishes Burger King Franchisee for Inadequate Procedures
Have you reviewed your antiharassment policy recently to make sure it contains not only the provisions required by law but is also tailored to the needs of your organization and your workforce? . . . more

Bulletin: Troubled by terminations? Get your questions answered at the ERI Intensive Class on terminations in June
Firing an employee is never a pleasant experience, yet it's an unavoidable aspect of your job. But make the wrong move when terminating a worker and your company could be facing a costly lawsuit. Don't take chances . . . more

Bulletin: State high court says individuals not liable for workplace retaliation
The California Supreme Court has ruled, in a 4-3 decision, that individuals cannot be held personally liable for retaliation under . . . more

Bulletin: U.S. Supreme Court issues several employment-related decisions
The nation's high court has recently handed down several rulings that affect employers. Here's a summary of these decisions. . . . more

Bulletin: Government raises employer fines for immigration violations
As of March 27, 2008, employers that violate federal immigration laws must pay heftier penalties. Employers face fines for knowingly employing unauthorized aliens . . . more

Bulletin: U.S. Supreme Court denies request regarding San Francisco's health insurance ordinance
The Golden Gate Restaurant Association recently asked the nation's high court to lift the January 9 ruling by the Ninth Circuit Court of Appeals . . . more

Employee Benefits: U.S. Supreme Court Says Individuals Can Recover Damages for Mishandling of Retirement Accounts; Self-Protection Options for Employers
In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), . . . more

Sexual Harassment: Why Big 'Spanking' Verdict Was Overturned
Back in 2006, a Fresno jury awarded a headline-making $1.7 million to Janet Orlando, who charged she was the victim of sexual harassment and battery after she was spanked . . . more

Wage and Hour: Court Looks at California's Paycheck Cashing Rules; Avoiding Missteps
A new case puts the focus on the importance of complying with Labor Code paycheck rules, particularly the requirements that employees have a free means of cashing their paychecks here in the state . . . more

Family and Medical Leave: DOL Proposes Changes to FMLA Regulations; A Look at the Highlights
In February, the U.S. Department of Labor (DOL) published a long waited proposal to update and retool Family and Medical Leave Act (FMLA) regulations. The lengthy proposal covers notice requirements, medical certifications, eligibility, the definition of "continuing treatment" for a serious health . . . more

Family and Medical Leave: New FMLA Leave Rights for Military Families; Poster Required
The new National Defense Authorization Act expands the Family and Medical Leave Act (FMLA) to permit two new types of workplace leave for family members of injured military personnel and military reservists called to active duty. Here's an overview of the requirements. . . . more

Disability Bias: Ninth Circuit Revisits Whether Blanket Safety Standard Excluding Deaf Workers Violated the ADA; Better News for Employers This Time
In late 2006, the U.S. Ninth Circuit Court of Appeals upheld a trial court ruling that a United Parcel Service (UPS) safety-based rule excluding . . . more


Sign up for our free
Weekly E-Alert
Email Marketing

View E-Alert Archives

 TOPICS
Complete Topic List
Most Popular
Benefits & Leave
Compensation
Discrimination
Harassment
Health & Safety
Hiring
HR Administration
New Legislation
Performance/Termination
Wage & Hour
 DISCUSSION FORUM
Recent Forum Posts
· Signed time reports by non exempt employees
· Employee Directory
· Great Calif Workplaces-Vol17#2
· Company badges
· Sabbatical vs. PTO payout
· send home sick employee
· Vitamins for FSAs
· Best Qualified Candidate
· Resignation/Term ination - who i s the moving party?
· Over time and double time
· Pregnant?
· Legal question Sick time accrual
· COBRA benefits for employee on Worker Comp
· Employer requirements if over 50 employees
· Firing employee
Search Discussion