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Home | Online Exclusive

Online Exclusive

These articles are available only to subscribers of California Employer Advisor Online. This is just one more benefit of your premium online subscription.

Train Managers to Avoid Retaliation Claims; Common Errors That Lead to Lawsuits
CEA Online Exclusive July 2009
One of the most vexing types of claims that employers face is retaliation claims. Retaliation claims can be especially frustrating when employers successfully defend against a bias or harassment claim, but get dinged for retaliating against the complaining employee. Because retaliation is generally easier for an employee to prove than harassment or bias, employers should take extra steps to ensure that managers are trained to avoid statements or actions that can be construed as retaliatory . . . more

Understanding How to Pay Nonexempt Employees for Travel Time; Sample Travel Pay Policy
CEA Online Exclusive June 2009

In California, nonexempt employees must be paid for all hours worked. Compensable work hours include all "time during which an employee is subject to the control of any employer, and includes all of the time the employee is suffered or permitted to work, whether or not required to do so . . . more

COBRA Notice Compliance Checklist
CEA Online Exclusive May 2009
Although the COBRA subsidy contained in the federal economic stimulus package offers employees a great benefit, it also presents employers with great challenges--such as knowing which notice to send to which employees and by what date. This checklist can help you navigate your obligations. . . . more

Compensation: Drafting Effective, Legal Commission Pay Plans
CEA Online Exclusive April 2009
Commission pay plans are a great way to encourage employees to be aggressive salespeople and to reward them for performing well. But a poorly drafted commission pay plan can lead to legal trouble. We'll tell you what you need to know to draft effective and enforceable commission pay plans. . . . more

Workplace Bullying: 15 Ways to Be Proactive
CEA Online Exclusive March 2009
At the Employer Resource Institute's 2008 California Employment Law Update conference, presenter Allison West discussed the harm that bullying can do to your bottom line. West, an attorney and senior professional in human resources, laid out a 15-point plan to reduce workplace bullying . . . more

Domestic Partnership Benefits
CEA Online Exclusive February 2009

With Proposition 8 overturning gay marriage in California, it's now more important than ever to make sure that your domestic partnership policy is up to speed. This customizable form explains your domestic partnership benefits to employees.

. . . more

Family and Medical Leave Sample Policy
CEA Online Exclusive January 2009

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 a fully updated, comprehensive FMLA/CFRA policy. This sample policy has been updated to reflect the changes to FMLA in effect as of Jan. 16, 2009.
. . . more

Hosting a Holiday Party the Smart Way
CEA Online Exclusive December 2008--1 of 2
If you're hosting a holiday party for employees this year, take a look at the following story. It includes reminders on how to hold a safe event and avoid liability for alcohol-related incidents. . . . more

Health and Wellness: Checklist for Lowering Employee Stress in the Workplace
CEA Online Exclusive December 2008--2 of 2
Employee stress can take a heavy toll at work in terms of higher absenteeism, decreased productivity and morale, and more. Here's a checklist you can use to review your workplace policies, procedures, benefits and conditions and find ways to keep employee stress in check. . . . more

Reasonable Accommodation Request Form
CEA Online Exclusive November 2008
Stay on top of your accommodation obligations with this exclusive request form . . . more

Trade Secrets: A 7-Point Protection Plan
CEA Online Exclusive October 2008

As we report in this month's issue of CEA, the California Supreme Court has made it clear in a new case that agreements not to compete violate the state's unfair competition law except in very limited circumstances. Employers should note, too, that the high court's decision did not disturb prior case law authorizing noncompete provisions as necessary to protect trade secrets, although the court did not specifically address this issue. . . . more

Sample Computer and Electronic Policy
CEA Online Exclusive September 2008

Having a comprehensive electronic policy in place is critical in today's workplace to protect your computer and electronic resources and limit confidentiality breaches and legal risks stemming from misuse. Here's a sample policy employers can tailor to their organization's needs, updated to include text messaging. . . . more

Sample Meal and Rest Periods Policy
CEA Online Exclusive

It is crucial for employers to carefully and accurately comply with California's laws on employee meal and rest breaks. This policy, updated following the recent Brinker decision, will help you explain the rules to employees. . . . more

Final Pay Calculator
CEA Online Exclusive August 2008
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

Updated Equal Employment Opportunity Policy (employee)
CEA Online Exclusive July 2008

An easy way to start complying with GINA is to make sure your antibias program is current, and our newly updated Equal Employment Opportunity (EEO) policy can get you started. . . . more

Screening Employees: 12-Point Hiring Checklist
CEA Online Exclusive June 2008
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

Sexual Harassment: Do You Have a Solid Complaint System? Federal Court Admonishes Burger King Franchisee for Inadequate Procedures
CEA Online Exclusive
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

Make-Up Time: Sample Policy and Request Form
CEA Online Exclusive
California wage and hour law allows an employee who takes time off for a personal obligation to make up that work time in the same workweek, at straight-time pay�even if the employee works more than eight hours on a makeup day. The makeup time is not counted in the total number of hours worked when . . . more

Workplace Notice Chart
CEA Online Exclusive
California employers are subject to a variety of state and federal laws requiring notices to employees. This chart summarizes the required notices and specifies the current version you should use. . . . more

Military Spouse Request for Leave
CEA Online Exclusive
Here is request form you can give to eligible employees who wish to take time off . . . more

Wage and Hour: Do You Have to Pay Employees When the Office Must Close in a Disaster?
CEA Online Exclusive
The October wildfires that flared up across California are a stark reminder that disaster can strike at any time and could result in workplace closures. Do you know how to handle employee pay in this situation, particularly when . . . more

10 Tips to Avoid Retaliation Lawsuits
CEA Online Exclusive
In a story in this month's issue of California Employer Advisor, we highlight the need for employers to be keenly aware of the situations that can lead to retaliation claims. Here are 10 practical tips you can use to help your company steer clear of retaliation problems . . . more

Checklist for Internal Investigations
CEA Online Exclusive
An employer must be careful when conducting an investigation following an employee complaint or allegations of misconduct. In this issue, we highlight a California appeals court decision that emphasizes the importance of thorough internal investigations and how they can help you avoid liability. This month we're providing a detailed checklist for you to use as a guide to determine whether an investigation is needed and how to complete it. Online subscribers can access this checklist now . . . more

Administrative Exemption Checklist
CEA Online Exclusive
The administrative exemption from overtime can be one of the most difficult of the various exemptions to apply, and it causes employers the most headaches. This detailed administrative exemption checklist will help you determine whether or not an employee qualifies for the exemption under California law. . . . more

Independent Contractor Agreement
CEA Online Exclusive
A written independent contractor agreement is essential to document the mutual understanding between you and your contractor that the person is not an employee. This month, we're providing a sample general agreement that can be customized as needed. Online subscribers can access this sample form now. . . . more

Holiday Pay Policy
Online Exclusive June 2007
While neither California nor federal law require employers to observe legal holidays, giving employees paid time off on some of the most widely recognized holidays is common practice and good for workplace morale. If you'd like to put a holiday pay policy in place--or retool an existing one--we've put together this sample holiday pay policy that you can tailor to your organization's needs. Keep in mind that it's up to you to choose which holidays to offer, and you don't have to provide paid time off for them . . . more

Exit Interviews: A Sample Interview Questionnaire
CEA Online Exclusive
By conducting a comprehensive interview with the individual, you can get valuable information that may help you reduce turnover, boost retention, and otherwise give you some insight into what your organization is doing right in employees' eyes and what could be better. Here's an exit interview questionnaire you can ask departing employees to fill out, or you can ask these questions and record the employee's responses. . . . more

Health Benefits: Checklist for Determining Gross Misconduct under COBRA
CEA Online Exclusive
Under COBRA�the federal Consolidated Omnibus Budget Reconciliation Act�employers with 20 or more employees must offer employees and their dependents the right to continue their group health coverage if they lose group health insurance coverage because of a "qualifying event." Cal-COBRA, which is the California law providing health benefits continuation coverage if an employer has 2 to 19 employees, has similar requirements. One type of "qualifying event" that will entitle an eligible employee to elect COBRA continuation coverage is termination of employment. However, there is an important exception: If an employee is terminated for "gross misconduct," COBRA rights don't kick in. This month's Online Exclusive is a checklist you can use to help determine whether the cause of an employee's discharge qualifies as "gross misconduct" for COBRA purposes . . . more

Hiring: Will Your Advertised Job Requirements Attract Qualified Candidates? A Checklist for Employers
CEA Online Exclusive
A key way to boost your chances of pulling in the right candidates is to properly translate the job into clear requirements�and then include these specifics in the job advertisement or posting. Here's a checklist you can use to help draft a winning job notice. . . . more

Cell Phone and Electronic Wireless Communications Device Policy
CEA Online Exclusive

Having a written policy in place that addresses your organization's expectations for cell phone use during working hours and while driving on company business is essential--especially if you have employees who regularly drive as part of their jobs and frequently need to make business calls while on the road. . . . more

Dress and Grooming Policy

CEA Online Exclusive
Having a clear dress and grooming policy can help prevent inappropriate attire in the workplace�as well as claims that different employees are treated differently with regard to appearance expectations. You can use this sample policy as a guideline when crafting a policy for your organization.
. . . more

New Hires: Getting Orientation Right; A Checklist for the First Day
CEA Online Exclusive

Here's a look at the components of a successful orientation program, along with a detailed checklist to make sure everything's covered on the new employee's first day. Most organizations today provide orientation programs for newly hired employees. Employers have found that the value of a good orientation cannot be overestimated when . . . more

Employee Communications: A Checklist to Check Up on Your Written Communications
CEA Online Exclusive
We've put together a checklist you can use to do a quick check-up on your written communications with employees, including ensuring legal compliance. The more questions to which you answer yes, the stronger your communication with your employees. . . . more

Sample Vacation Policy
CEA Online Exclusive
It is important for all eligible employees to have time off for rest and relaxation. Thus, the company provides eligible employees with annual paid vacations based on years of service from the last date of hire. Here is a sample policy to use in your workplace . . . more

Hiring: Do You Know What You Can and Can't Ask Applicants? Take the Quiz
CEA Online Exclusive
In light of the complex maze of employment laws, conducting a job interview can be like walking through a minefield. Even seemingly friendly questions—such as asking about an applicant's childre . . . more

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