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2011 Guide to Employment Law for California Employers
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A Publication of California Employer Resources

Employment Law Compliance
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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.

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Our featured webinar is:

Workplace Violence:

Prepare an Effective Violence-Prevention Plan Using the Plan/Prevent/Protect Model
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Tuesday, February 28, 2012
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Webinars on Demand
Medical Marijuana in California  How Much Leeway Must You Give Employees?Medical Marijuana in California How Much Leeway Must You Give Employees?
Originally presented on January 10, 2012
Brand New!
Employees in California may claim that they have the legal right to use marijuana if they've got a medical marijuana card to back up their claim. This creates a huge issue for California employers, because applicants or employees may be more inclined to use the drug, or reveal their medical conditions. What do California and federal law say about marijuana use? Must an employer offer accommodations under the federal Americans with Disabilities Act (ADA) and the state Fair Employment and Housing Act (FEHA) in those cases? . . .
more

Interviewing, Hiring, and Onboarding: Best Practices for Landing Cream-of-the-Crop Employees (and Weeding Out the Duds)Interviewing, Hiring, and Onboarding: Best Practices for Landing Cream-of-the-Crop Employees (and Weeding Out the Duds)
Originally presented on September 16, 2011
Brand New!
2010 ended with more U.S. employers adding workers than cutting jobs, surveys confirmed -- a huge reversal from 2009, when organizations were shedding positions left and right. And, for many HR professionals in California, that's meant a buyer's market in 2011 as they've searched for the very best fits . . .
more

Employee vs. Independent Contractor: How California Employers Can Avoid Misclassification and Legal HeadachesEmployee vs. Independent Contractor: How California Employers Can Avoid Misclassification and Legal Headaches
Originally presented on December 12, 2011
Brand New!
Knowing if your independent contractors are classified correctly isn't always easy. Not all situations are clear-cut and even the most well-meaning employers can make mistakes. Justifications that seem reasonable to you may be seen as unlawful to enforcement agencies, and one error can have dire and costly consequences. . . .
more

Employee Leaves in California: How To Handle the Common Time-Off Scenarios That Come Up Again and AgainEmployee Leaves in California: How To Handle the Common Time-Off Scenarios That Come Up Again and Again
Originally presented on October 26, 2011
Brand New!
Leave issues continue to confound many employers, regardless of location or workforce size. However, employers in California (unlike those in other states) must deal with not only federal rules, but also the state's own specific employee leave rules that sometimes conflict with federal regs - and are nearly always more protective of employees.Plus, it's not always clear how to handle those tricky scenarios that seem to come up on a regular basis. . . .
more

Beyond Noncompete Agreements:  The Best Tools for Protecting Your Business Secrets in CaliforniaBeyond Noncompete Agreements: The Best Tools for Protecting Your Business Secrets in California
Originally presented on September 21, 2011
Noncompete agreements have never been popular in California, as judges here routinely side with departing employees. And in 2008, the California Supreme Court effectively quashed the issue completely, ruling in Edwards v. Arthur Andersen that employers cannot restrain an employee's ability to compete, period, regardless of how reasonable or narrow the restrictions. Since then, California employers have scrambled to figure out what they can do lawfully to prevent employees from skipping out the door with their client lists, proprietary files, and trade secrets in hand. . . . more

Policies and Forms
Sample Policy: Recruitment of New EmployeesSample Policy: Recruitment of New Employees
Updated January 2011
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 January 2011
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 January 2011
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 January 2011
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 January 2011
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 for Equal Pay Audits
CEA Online Exclusive February 2012
Studies show that pay disparities between male and female workers persist in many industries. But state and federal law prohibits discrimination against employees on the basis of sex (and, of course, other protected traits) when it comes to the payment of wages. . . . more

Exempt Employees: State Supreme Court Weighs in on Claims Adjusters' Exemption; Are Your Workers 'Administrative'?
February 2012
More than four years after agreeing to review a state Court of Appeals ruling that dramatically narrowed the scope of the administrative exemption, the California Supreme Court has reversed the decision. . . . more

Unions: NLRB Approves New Rule for Union Elections; What It Means for Employers
February 2012
The National Labor Relations Board (NLRB) in late December finalized a controversial new rule regarding the administration of union representation elections. While the rule makes several significant changes to the union election process, more daunting proposals lurk on the horizon. . . . more

Discrimination: Worker Sues for Military Service Discrimination; Can a Supervisor Be Held Personally Liable?
February 2012
When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country's involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service. . . . more

Disabilities: FEHC Orders Employer to Pay $96,170 for FEHA Violation; Termination Was Based on Perceived Disability
February 2012
You probably know that the federal Americans with Disabilities Act (ADA) and state Fair Employment Housing Act (FEHA) prohibit discrimination against qualified individuals who have actual or perceived disabilities. . . . more

Compensation: GAO Reports on Gender Pay Differences; How to Comply with Equal Pay Laws
February 2012
You've come a long way, baby--or not. According to a Government Accountability Office (GAO) report, a pay disparity between male and female workers continues in many industries. Although women have surpassed men in education over the past 30 years, they generally still earn less than men. Read on to learn about the problems this can lead to for your workers--and you. . . . more

Featured Resource: FMLA Leave for Military Family Members
February 2012
The federal Family and Medical Leave Act (FMLA) provides eligible employees 12 weeks of unpaid leave for "qualifying exigencies" that arise because a spouse, son, daughter, or parent is on active duty in the military or has been notified of an impending call or order to active duty. . . . more

Online Exclusive: Checklist for Lawful and Effective Background ChecksOnline Exclusive: Checklist for Lawful and Effective Background Checks
CEA Online Exclusive January 2012
Employers that don't conduct thorough background checks risk problems ranging from weak worker performance to negligent hiring and vicarious liability to horrific acts of workplace violence. The incentives for background checks couldn't be clearer, but background checks also come with their own risks because many federal and state laws regulate the type and amount of information employers can obtain. . . . more


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