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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.
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Online exclusive: Checklist for applying for relief from employee misclassification
CEA Online Exclusive April 2013
The IRS's Voluntary Classification Settlement Program (VCSP) allows eligible employers to voluntarily reclassify workers as employees rather than independent contractors for future tax periods. With recent modifications, as well as the launch of a temporary eligibility expansion, the program is open to more employers than ever. . . .
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Online exclusive: Checklist for avoiding driving-related liability
CEA Online Exclusive March 2013
Workers who drive as part of their employment--even if all they do is drive to and from off-site meetings during the workday--can expose you to significant liability if they have an accident. To avoid liability, you need to identify drivers who could put you at risk and keep them off the road for work purposes. . . .
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Online Exclusive: Sample policy for seasonal and communicable diseases
CEA Online Exclusive February 2013
Every year in the United States, as many as one in five people falls ill with seasonal influenza. Twenty million suffer some form of stomach illness, or gastroenteritis, and more than a billion cases of the common cold strike each year. And, according to the Centers for Disease Control and Prevention, February is the peak month for the flu--which means you can expect increased absenteeism, scheduling headaches, and costly drops in productivity this month. . . .
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Online Exclusive: Checklist for an HR audit
CEA Online Exclusive January 2013
Periodic HR audits are essential to ensuring your organization is making the best use of its human resources while ensuring legal compliance that will reduce its potential for liability. Our checklist will help you develop a comprehensive audit that covers all of the bases. You can add or delete areas of focus as appropriate for your organization. . . .
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Online exclusive: Checklist for meal and rest break compliance
CEA Online Exclusive October 2012
California employers greeted the state Supreme Court's decision in Brinker Restaurant Corp. v. Superior Court with a sigh of relief. At last, they had assurance that it's enough to simply provide meal periods--they don't have to ensure that their nonexempt employees actually take the breaks. But the meal and rest break area can still be confusing. Our checklist will help you satisfy your break-related duties under California law. . . .
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Online Exclusive: Checklist for addressing caregiver discrimination in your antidiscrimination policy
CEA Online Exclusive August 2012
With perhaps more employees than ever playing caregiver roles with parents, children, spouses, or other relatives, you need to take steps to prevent caregiver discrimination in your workplace. The first step is to make sure your antidiscrimination policy clearly addresses the types of conduct that could constitute unlawful discrimination against caregivers based on protected characteristics. . . .
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Online Exclusive: Checklist for Using Credit Reports in Hiring
CEA Online Exclusive July 2012
Background checks into job applicants' criminal histories have been common for some time; one recent study found that 92 percent of employers conduct criminal background checks on all or some of their candidates. In recent years, employers have increasingly looked into applicants' credit histories, too. . . .
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Online Exclusive: Checklist for H-2B Required Records
CEA Online Exclusive May 2012
|Image1|The recent changes to the application process for the H-2B visa program also brought some revisions to employers' recordkeeping requirements. All employers filing for H-2B visas must retain a variety of documents and provide them within 72 hours in the event of an audit or investigation. . . .
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Online Exclusive: Checklist for Salesperson Exemptions from Overtime
CEA Online Exclusive April 2012
|Image1|Both the federal Fair Labor Standards Act (FLSA) and California wage and hour laws exclude certain salespeople from overtime pay requirements. While both federal and state law exempt outside and commissioned salespersons, though, they apply different tests. . . .
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Online Exclusive: Checklist of Discriminatory Job Specifications
CEA Online Exclusive March 2012
It's hard enough getting managers and supervisors to sit down and draft job descriptions for every position they oversee. But when you consider the risk that discriminatory wording in a poorly drafted job description might sneak its way into a job advertisement or application form, the situation becomes a challenge on another level . . .
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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. . . .
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Online 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. . . .
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Online Exclusive: Checklist for Preempting Age Discrimination and Harassment Liability
CEA Online Exclusive December 2011
Most employers know they need to avoid discrimination against applicants and workers who are age 40 or older, but your responsibilities toward these workers don't end there. Under federal and state law, you must also take steps to prevent the harassment of applicants, employees, or independent contractors because of age. . . .
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Online Exclusive: Employee Fraud Prevention Checklist
CEA Online Exclusive November 2011
Employee fraud is always a risk, but that risk jumps significantly in tough economic times when struggling employees can feel they have no choice. Employers need to do everything they can to head off potential perpetrators and uncover ongoing fraud schemes. . . .
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Online Exclusive: Checklist for Exit Interviews
CEA Online Exclusive October 2011
Exit interviews with departing employees--whether they're leaving voluntarily or involuntarily--provide a valuable opportunity for employers to identify brewing workplace issues and conduct an informal but significant review of their operations. . . .
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Online Exclusive: Checklist for Calculating Employees' 'Regular Rate' of Pay
CEA Online Exclusive September 2011
Under California wage and hour law and the federal Fair Labor Standards Act (FLSA), overtime is calculated based on a nonexempt employee's regular rate of pay. In determining which payments should be included or excluded from the calculation of the regular rate of pay, California law largely mirrors the standards adopted by the federal Department of Labor (DOL) for the FLSA. . . .
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Online Exclusive: Checklist for New Employee Orientation
CEA Online Exclusive July 2011
Too many companies leave the orientation of new hires to their immediate supervisors. The smarter approach is to develop a formal company-wide orientation program to provide new employees with important information--some of which is required by law--and make them feel welcome and ready to hit the ground running. Our checklist will help you make sure you cover all of the bases. . . .
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Checklist for English-Only Policies
CEA Online Exclusive June 2011
Title VII of the Civil Rights Act and the California Fair Employment and Housing Act (FEHA)--the federal and state antibias laws--both allow employers to adopt English-only policies for their employees in limited circumstances. . . .
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Checklist for Makeup Time
CEA Online Exclusive May 2011
Under California Labor Code Section 513, employers can allow nonexempt employees to make up time in some circumstances without becoming liable for overtime pay. . . .
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Working Condition Provisions in California Wage Orders
CEA Online Exclusive March 2011
California's wage orders address much more than just wages and overtime--they also impose several requirements related to your employees' working conditions. And the California Court of Appeals recently held that those requirements can form the basis for individual or class action lawsuits filed by employees. . . .
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Sample Social Media Code of Conduct
CEA Online Exclusive February 2011
Intra-Company Media: XYZ Inc. maintains a [blog/Twitter feed/Facebook page/MySpace page] or other "social media" to facilitate internal company communications. The company's social media are the property of the company and [can/cannot] be seen by the general public, including the company's customers and business associates. The company's social media are part of the company's image, and the company's business conduct and computer use policies should be followed for all social media communications. . . .
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Checklist for Identifying a Disability
CEA Online Exclusive December 2010
Not recognizing that an employee or job applicant has a disability protected by the state Fair Employment and Housing Act (FEHA) can prove costly for an employer. To keep from making this mistake, use the checklist below whenever you're in doubt about whether an individual has a physical or mental disability or medical condition that could trigger the FEHA. . . .
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Checklist for Compliant MPN Employee Notifications
CEA Online Exclusive November 2010
The Division of Workers' Compensation's amendments to regulations on medical provider networks (MPNs) and employee information are effective as of Oct. 8, 2010. Among other changes, the amendments revise the requirements for several MPN-related notices, including the MPN employee notification. . . .
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Checklist for Compliant Wage Statements
CEA Online Exclusive October 2010
California employers continue to face a variety of wage and hour claims. Many violations of the state wage and hour laws, including those related to wage statements, can produce costly class actions. . . .
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Checklist for Sexual Harassment Investigations
CEA Online Exclusive September 2010
California law makes an employer liable for sexual harassment by a supervisor regardless of whether the employer authorized, prohibited, or even knew of the harassment. You might be able to reduce or eliminate the damages owed to an employee by taking reasonable steps to prevent and correct sexual harassment, including conducting a prompt investigation. . . .
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