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California Employer Advisor
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2008 ERI Great California Workplaces Award

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

Terminations in California: What to Say, What Not to Say, and 10 Strategies for Staying Out of CourtTerminations in California: What to Say, What Not to Say, and 10 Strategies for Staying Out of Court
Audio Conference
Tuesday, July 8, 2008
Every HR person has had to do it at one time or another, but terminating employees is never easy or enjoyable--even with practice. It's also one of the riskiest tasks you perform on a daily . . .
more

Wage/Hour: Starbucks Tips Ruling a Jolt to Employers; How To Keep Your Company Out of CourtWage/Hour: Starbucks Tips Ruling a Jolt to Employers; How To Keep Your Company Out of Court
Audio Conference
Wednesday, July 9, 2008
As you've undoubtedly heard, Starbucks was recently slapped with a venti-sized $100 million judgment for violating California law by having shift supervisors share in employee tips. . . .
more

Benefits Plan Debit Cards: The Secrets to Cutting HR Costs and Paperwork While Increasing Employee Buy-InBenefits Plan Debit Cards: The Secrets to Cutting HR Costs and Paperwork While Increasing Employee Buy-In
Audio Conference
Wednesday July 9, 2008
Many savvy California employers have turned to cutting-edge benefits plans--including flexible spending accounts (FSAs), health reimbursement arrangements (HRAs), and health savings accounts (HSAs) . . .
more

Employee Blogs and Websites: Protect Yourself Against the Business and Legal Risks When Workers Go OnlineEmployee Blogs and Websites: Protect Yourself Against the Business and Legal Risks When Workers Go Online
Audio Conference
Tuesday, July 15, 2008
Many employers are dealing with troubling situations these days as a result of employees' blogs and websites. You may have already encountered something like the following . . .
more

Workplace Bullying: Practical Steps for Recognizing, Managing, and Eliminating BulliesWorkplace Bullying: Practical Steps for Recognizing, Managing, and Eliminating Bullies
Audio Conference
Monday, July 21, 2008
Workplace bullying is a growing worry for many HR directors and employers in California--and an increasing liability risk, too. . . .
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: 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

Retaliation: Supreme Court Gives Employees More Leeway for Race, Age Retaliation Suits; The Implications for California Employers
The U.S. Supreme Court has issued a pair of rulings that give employees more options for suing their employers for race-, color-, and age-based retaliation. We'll explain the decisions and how they affect employers . . . more

Family and Medical Leave: Ruling Spotlights Liability Issues for Staffing Firms and the Employers That Use Them
Many employers that hire workers through staffing agencies may believe the federal Family and Medical Leave Act (FMLA) does not apply to them when it comes to these employees. However, in a new case that is . . . more

News Note: Heftier Child Labor Penalties in Effect
Under the federal Fair Labor Standards Act, employers may now be hit with a $50,000 penalty for a child labor violation that causes the death or serious injury of a minor; the amount can be doubled for willful or . . . more

News Note: Courts Disagree on Time to Sue for Waiting-Time Penalties
California appeals courts are in disagreement over how long an employee has to file a lawsuit to recover waiting-time penalties for delayed payment of wages when the underlying wages have since been . . . more

News Note: New Tool for Recordkeeping Compliance
The U.S. Department of Labor has announced the latest in its elaws FirstStep Internet tools, the FirstStep Recordkeeping, Reporting, and Notices Advisor, which will help employers determine . . . more

News Note: Labor Commissioner to Target Businesses Without Comp Insurance
The California Department of Industrial Relations (DIR) has launched a new program to identify and target employers that don't carry workers' compensation insurance or file a certificate to self-insure as state law . . . more

News Note: High Court to Review Stock Forfeiture Decision
In the March 2008 issue of CEA, we reported that a California appeals court upheld an employee stock purchase plan that provided for the forfeiture of purchased stock if the employee terminated before two . . . more

Screening Employees: 12-Point Hiring Checklist
In this month's issue of California Employer Advisor, we report on a case in which a California auto parts retailer was sued after a store manager, who happened to have a shady past, walloped a customer in the head with a metal pipe during an argument with the customer. . . . more

Bulletin: A.B. 1825-Compliant Training Now Offered by ERI
ERI, through a new partnership with leading online training provider emTRAiN, now offers an affordable, one-stop solution to your state-mandated A.B. 1825 training requirements . . . more

Bulletin: President Signs Genetic Nondiscrimination Bill
The federal Genetic Information Nondiscrimination Act (GINA) cleared Congress and was signed by President Bush. The law prohibits employers and . . . more

Bulletin: Don't Miss Your Chance to Attend This Month's Terminations Intensive Class
Time's running out to register for our exclusive ERI Intensive Class for California Employers: "Terminations: Everything You Wanted to Know But Were Afraid to Ask." This in-depth, full-day seminar--led by California employment law experts--will cover what you need to know when the time . . . more

Bulletin: Cell Phone Laws Finally Effective Next Month
A bill signed by Gov. Schwarzenegger back in 2006 will now take effect on July 1, 2008, making it illegal to drive a motor vehicle while using a wireless telephone, unless the phone is configured to allow hands-free listening and talking and is used in that manner while driving. There . . . more

Bulletin: Brush Up on the Rules for Hiring Teen Workers
School's almost out, and soon teens will be heading out to various summer jobs. If young workers will be joining your staff, or if you already have minors in your workplace, make sure you know and understand the child labor laws to avoid severe penalties and keep teens safe. . . . more

Bulletin: CEA Online Exclusive -- Hiring Checklist
In addition to free access to the hiring checklist, online subscribers have another membership benefit that will help them conduct thorough applicant screening and side-step lawsuits. Online subscribers can receive 10 percent discounts off the prices other employers pay for . . . more

Bulletin: Discounted Background Checks Available from ERI Partner
In addition to free access to the hiring checklist, online subscribers have another membership benefit that will help them conduct thorough applicant screening and side-step lawsuits. Online subscribers can receive 10 percent discounts off the prices other employers pay for . . . more

Family and Medical Leave: Landmark CFRA Ruling from State's High Court; Ability to Continue Working for a Second Employer Not Automatic Grounds for Leave Denial
Imagine you approved a family and medical leave for an employee only to discover that during the time off she is still working part-time for another employer--even performing a similar job. You figure that if she can work for another employer, she obviously doesn't have a serious . . . more

Disabled Veterans: EEOC Provides Guidance for Employers on Hiring and Reemploying Veterans with Service-Connected Disabilities
As more military personnel return from Iraq and Afghanistan, many of them injured, employers have to grapple with the laws and protections that pertain to disabled veterans in the workplace. The U.S. Equal Employment Opportunity Commission (EEOC) recently released a question . . . more

Religious Discrimination: Employee Wins $6.5 Million Jury Verdict Because of Manager's Favoritism; Lessons for Employers
A Northern California woman has won a jaw-dropping $6.5 million by convincing a jury that she was passed over for promotion by a supervisor who favored employees belonging to the same religious group as the supervisor. We'll explain the case and provide pointers for avoiding . . . more

Liability for Employee Acts: Mixed Outcome for Retailer Whose Employee Assaulted Customer
When Juan Flores went to an AutoZone store in Orange County to buy motor oil, he whistled to get sales manager Erwin Gomez's attention to ask the price. Gomez was insulted by the whistling, the two men had words, and Gomez conked Flores on the head with a metal pipe and injured . . . more


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