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California Employer Advisor
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Featured Resources
California Guide to Preventing Sexual Harassment
Educate employees and prevent harassment ... It's easy with the newly updated pocket guide from the Employer Resource Institute. And starting at just $4.99 a copy, there's no more cost-effective way to communicate the essentials of harassment prevention to your entire workforce. Volume discounts are available. . . . more

Harassment Prevention Course Online - Manager Version (Complies with AB 1825 Requirements)
This course teaches managers to recognize the kind of conduct that frequently forms the basis of harassment claims but is seldom recognized as being unlawful. This course helps managers understand what harassment really is, and how to practically and effectively avoid conduct that could lead to harassment situations. . . . more

HR Issues in California Healthcare: The Latest Legal Dos and Don'ts for Employers in Hospitals, Medical Offices, and Other Healthcare WorkplacesHR Issues in California Healthcare: The Latest Legal Dos and Don'ts for Employers in Hospitals, Medical Offices, and Other Healthcare Workplaces
Webinar
Tuesday, August 26, 2008
In today's high-stakes, skills-intensive healthcare workplaces, your employees are your # 1 asset. So, nothing causes more headaches for HR professionals in this field than problems with your workers. . . .
more

ID Theft and Fraud in the Workplace: How to Identify it, Prevent it, and Protect Your CompanyID Theft and Fraud in the Workplace: How to Identify it, Prevent it, and Protect Your Company
Webinar
Thursday, August 28, 2008
"Catch Me If You Can" may have been an entertaining movie, but ID theft and fraud in the workplace are no laughing matter. As an HR professional, you are tasked with looking out for risks in a number of . . .
more

Electronic Monitoring in the California Workplace: How to Keep Tabs on Your Employees Without Breaking the LawElectronic Monitoring in the California Workplace: How to Keep Tabs on Your Employees Without Breaking the Law
Audio Conference
Wednesday, September 3, 2008
You're facing a brave new world these days with the use of technology by your employees--from iPhones and BlackBerries to thumb drives and USB videocams. It's bad enough when they're being paid for goofing off and distracting co-workers by surfing the Internet or swapping cell phone photos. But, those . . .
more

California Supreme Court Update: How Two New Cases Affect Your Workplace; What You Need to Know NowCalifornia Supreme Court Update: How Two New Cases Affect Your Workplace; What You Need to Know Now
Audio Conference
Thursday, September 4, 2008
Earlier this year, the California Supreme Court 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 (Jones v. The Lodge at Torrey Pines Partnership). But even though your supervisors are now . . .
more

Meal and Rest Breaks in California: Why the Brinker Ruling Is Good News for Employers, and Where Caution Is Still RequiredMeal and Rest Breaks in California: Why the Brinker Ruling Is Good News for Employers, and Where Caution Is Still Required
Audio Conference
Monday, September 8, 2008
A California appeals court has just issued a ruling (Brinker v. Hohnbaum) stating that an employer does not have to "ensure" that meal and rest breaks are taken. This is excellent news for employers . . .
more


Featured Articles
Independent Contractors: Why Newspaper Carriers Were Employees for Workers' Comp Purposes
It's not uncommon for a workers' compensation insurer and an employer to disagree over whether certain workers are properly classified as employees or independent contractors. The distinction is important . . . 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

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


Most Recent Articles
Bulletin: Special Report Included with this Issue: "Navigating a Reduction in Force Without Getting Sued: Essential Compliance Strategies for California Employers"
The word "recession" is on everyone's mind these days, and employers are feeling the pinch of the economy's downturn and are trying to cut costs to stay afloat. For some organizations, layoffs may be the unfortunate . . . more

Bulletin: Final Pay Calculator
In the new Special Report, you'll learn that computing a departing employee's final wages is one of the issues you must be aware of when reducing your workforce. This month's Online Exclusive is a final wage . . . more

Bulletin: ACES 2008: Time's Running Out to Save!
Next month, we're bringing together skilled California employment law attorneys to tackle tough wage and hour and internal investigation issues. Join the Employer Resource Institute from September 17-19 for the 2008 Advanced California Employer Seminar at the Hyatt Regency Irvine and receive in-depth instruction and practical advice. Plus, you can also attend the optional pre-conference workshops on intermittent leaves and recordkeeping. Don't delay--sign up by August 20 and save $100. To register, visit www.employeradvice.com/aces. . . . more

Bulletin: ERI Wins 10th Editorial Award
The Employer Resource Institute, publisher of California Employer Advisor, has just won an APEX Award for Publication Excellence in the category of New Newsletters. The award, ERI's 10th, was given to our . . . more

Bulletin: Immigration News - Form I-9 Has New Expiration Date; All Federal Contractors to Use E-Verify
The U.S. Citizenship and Immigration Services has released a new version of the Form I-9 with an expiration date of "06/30/09" in the upper right corner. The form has not substantively changed, but it is now the only . . . more

Bulletin: Ninth Circuit Says Employees Have Expectation of Privacy in Text Messages
Police officers for the city of Ontario, Calif., sued after the city reviewed text messages sent from their department-issued pagers when messages exceeded monthly character allotments. The Ninth Circuit Court . . . more

Final Pay Calculator
Use this worksheet to correctly calculate final pay for departing workers. If the employment termination is voluntary, the final paycheck is due on the last day of employment, unless the employee has given less . . . more

Kin Care, Part 1: Court Offers First Interpretation of State's Family Sick Leave Law; Relief for Absence Control Policies
California's unique "kin care" law has, since 2000, guaranteed employees the right to use half of their accrued sick leave to care for an ill child, parent, spouse, or domestic partner. Now, for the first time, a . . . more

Unions: High Court Voids Law Barring Use of State Funds to Fight Organizing
The U.S. Supreme Court has struck down a controversial California law that severely curtailed some employers' rights to oppose union organizing efforts. We'll explain this new decision, which is welcome . . . more

Age Discrimination: Two New Supreme Court Decisions Interpret ADEA in Layoffs and Pension Plans
The U.S. Supreme Court has handed down two new decisions interpreting the federal Age Discrimination in Employment Act (ADEA), which prohibits employers with 20 or more employees from discriminating on the basis of . . . more

Wage and Hour: Court Says Overtime Doesn't Have to Be Paid on Top of Holiday Premium; Review Your Pay Practices
Ester Roman was a security guard for Advanced-Tech Security Services, Inc. Advanced-Tech's employee handbook specified that for overtime hours, employees would be paid 1 1/2 times their regular rate of pay. . . . more

Workers' Compensation: Why Employee Injured on Vacation Was Eligible for Benefits; 3 Tips to Avoid Liability for Off-Duty Sports-Related Injuries
Under California workers' compensation law, an employee can collect benefits only for injuries sustained in the course of employment. So how did a Beverly Hills police officer qualify for workers' comp benefits . . . more

Discrimination: $1.8 Million Verdict Upheld for Terminated Employee; Hiring and Firing by Same Manager Didn't Undercut Evidence of Bias
An HR employee sued her employer, charging that she was terminated to make way for white males. In an interesting twist, the vice president who fired her was actually the person who had both hired and promoted . . . more

Expense Reimbursement: IRS Makes Mid-Year Move to Raise Mileage Reimbursement Rate
Citing the skyrocketing cost of gasoline, the IRS has raised the standard mileage reimbursement rate for July 1, 2008, through Dec. 31, 2008, to 58.5 cents a mile, up from the 50.5-cent rate that took effect . . . more

News Note: Benefits Denials Scrutinized When Plan Administrator Plays Dual Role
The U.S. Supreme Court has ruled on the level of scrutiny courts must apply when an employee challenges a denial of benefits and the plan administrator, whether the employer or an insurance company, played the . . . more

News Note: Comp Award Upheld for Employee Who Waited 7 Years to File Claim
A California appeals court has rejected an argument that David Carls, a sign painter for the Claremont Colleges in Southern California, should be denied workers' compensation benefits for a back injury because he . . . more

News Note: FEHA Prohibits 'Preemptive Retaliation'
A California appeals court has ruled that the California Fair Employment and Housing Act (FEHA) bars employers from "preemptive retaliation" --taking adverse action against an employee based on the expectation . . . more

News Note: Statutory Cap on Chiropractic Visits OK'd
As part of the 2003 reform of California's ailing workers' compensation system, a cap was put on the number of chiropractic, physical, and occupational therapy visits injured employees could have. A California . . . more

News Note: Court Looks at Disability Retirement Dates Under CERL
Under the California County Employees Retirement Law (CERL), an employee is eligible for disability retirement as of the last day he or she receives "regular compensation." A California court has ruled that sick . . . more

Bulletin: Federal Minimum Wage Increases This Month
On July 24, 2008, the federal minimum wage will rise to $6.55 per hour (from $5.85 currently), in the second of three planned increases. In July of next year, the rate will go . . . more

Bulletin: 2008 Advanced California Employer Seminar Coming in September
Employers handle wage and hour issues and internal investigations regularly, but even the most seasoned professionals make mistakes that can lead to expensive litigation. Be proactive by attending the Employer Resource Institute's 2008 Advanced California Employer Seminar in Irvine from September 17-19 for targeted, comprehensive training from top California experts on these troublesome topics. This isn't HR 101—you'll receive advanced, real-world information that's critical to employers in California. Visit www.employeradvice.com/aces for more details, including information on the optional pre-conference workshops covering intermittent leaves and recordkeeping. Save $100 on your registration if you sign up by August 20. . . . more

Bulletin: Find Out What Your Employees Really Think About Your Company with the Free National Employee Attitude Survey
You can still sign up to participate in the no-cost National Employee Attitude Survey, which measures workers' opinions on communication, teamwork, supervisor behaviors, and career opportunity at their . . . more

Bulletin: California Appeals Court Issues First Ruling on State's Kin Care Law
California Labor Code Section 233--the kin care law--permits employees to use up to half of their accrued sick leave to care for an ill child, parent, spouse, or domestic partner. In the first decision interpreting . . . more

Bulletin: CEA Online Exclusive: Updated EEO Policy
In this month's issue, we provide comprehensive coverage of GINA, the new federal Genetic Information Nondiscrimination Act that prohibits employers from refusing to hire an applicant and from discharging or . . . more

Bulletin: U.S. Supreme Court Rejects 'Class-of-One' Theory
In a decision favorable to public employers, the nation's high court recently ruled 6-3 that the "class-of-one" theory of equal protection does not apply in the public employment context. To sue for . . . more

Genetic Discrimination: Meet GINA, the Genetic Information Nondiscrimination Act; What Employers Need to Know
Advances in genetics have opened new pathways in medicine, allowing for earlier detection of illnesses like breast cancer, Alzheimer's disease, and colon cancer, and providing individuals the opportunity to take . . . more

Sexual Orientation Bias: California Supreme Court Backs Same-Sex Marriage; How This Affects Your Workplace
In a landmark opinion, the California Supreme Court has ruled that state laws limiting marriage to opposite-sex couples are unconstitutional. Here's a summary of the high court's decision and how it will affect . . . more

Wage and Hour: High Gas Prices Bringing Employees Down? Alternative Arrangements Can Help
Your employees, like millions of others, are probably grumbling about how skyrocketing gasoline prices have made their daily commutes almost prohibitively expensive. Is there anything you can do to help them to . . . more

Drug Testing: Preemployment Drug Tests for All Applicants for Public Employment Held Unconstitutional
The Ninth Circuit Court of Appeals, which covers California, has ruled that a city's policy requiring all applicants for public employment to undergo drug and alcohol screening was unconstitutional. We'll discuss . . . more

Independent Contractors: Why Newspaper Carriers Were Employees for Workers' Comp Purposes
It's not uncommon for a workers' compensation insurer and an employer to disagree over whether certain workers are properly classified as employees or independent contractors. The distinction is important . . . more


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