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Background Checks in California: How To Comply with the EEOC's Recently Issued Enforcement Guidance
Originally presented on April 30, 2013
Background Checks in California: How To Comply with the EEOC's Recently Issued Enforcement Guidance Brand New!
While conducting thorough background checks is essential, both for your peace of mind and to prevent against negligent hiring or retention claims, there's a fine line between smart sleuthing and infringing on an applicant's privacy rights . . .
more
NLRB Expands Its Reach: Why Even Non-Union Employers Need To Watch Out
Originally presented on March 27, 2013
NLRB Expands Its Reach: Why Even Non-Union Employers Need To Watch Out Brand New!
The National Labor Relations Board (NLRB) is taking every opportunity to crack down on employers -- both here in California and across the country - with employment policies and practices that run afoul to the National Labor Relations Act (NLRA). The problem is, the NLRB's recent interpretations have been so broad that you may not even have the faintest idea that you could be in violation. And the agency's reach extends well beyond employers with unionized employees. . . .
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Depression in California Workplaces: ADA/FEHA & FMLA/CFRA implications
Originally presented on February 20, 2013
Depression in California Workplaces: ADA/FEHA & FMLA/CFRA implications Brand New!
While most clinically addressed depression is non-occupational, affected employees may request leave under FMLA/CFRA, and/or seek workplace accommodations. You'll need to identify what's covered by the state and federal leave laws, squelch the workplace rumor mill, figure out coverage issues, and more. . . .
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Employment Agreements in California: Make Non-solicitation Clauses, Class Action Waivers, and Mandatory Arbitration Work
Originally presented on January 20, 2013
Employment Agreements in California: Make Non-solicitation Clauses, Class Action Waivers, and Mandatory Arbitration Work Many California employers use employment agreements packed with class action waivers, arbitration requirements, proprietary information restrictions, non-solicitation clauses, and more. But when push comes to shove, will they work? California law restricts an employer's right to require non-competition agreements except in very limited circumstances. Also, courts and the NLRB continue to wrestle with mandatory arbitration provisions, including class-action waivers. . . . more
New Year, New Laws, New California Employee Handbook: What to Change and What to Keep in 2013
Originally presented on January 10, 2013
New Year, New Laws, New California Employee Handbook: What to Change and What to Keep in 2013 As employers across California ring in 2013, you will be tasked with getting up to speed quickly on the laws and regulations set to take effect once 2012 is history . . . more
FMLA/CFRA Abuse in California: Legal and Practical Ways to Stop Employees Working the System
Originally presented on November 29, 2012
FMLA/CFRA Abuse in California: Legal and Practical Ways to Stop Employees Working the System FMLA and CFRA leave can be significantly abused, particularly with unpredictable episodic or chronic conditions since they're very broad and forbid you from making in-depth inquiries about the medical basis for your employee's absence. And, unlike reasonable accommodations for disabilities, where you may have an undue burden defense, eligible employees can neither be denied the right to take a leave for which they medically qualify nor refused reinstatement upon return. . . . more
How to Calculate Overtime in California: 24x7 Schedules, Blended Rates, and Other Challenges
Originally presented on October 16, 2012
How to Calculate Overtime in California: 24x7 Schedules, Blended Rates, and Other Challenges Exempt or non-exempt? It's a question that HR professionals across the state often struggle with. And it's no wonder why: California's wage and hour rules are voluminous, and the devil in the in the details when it comes to ensuring that you've properly classified an employee as exempt from overtime. . . . more
Background Checks in California: The Latest Developments on Criminal Checks, Credit Checks, and More
Originally presented on September 20, 2012
Background Checks in California: The Latest Developments on Criminal Checks, Credit Checks, and More Exempt or non-exempt? It's a question that HR professionals across the state often struggle with. And it's no wonder why: California's wage and hour rules are voluminous, and the devil in the in the details when it comes to ensuring that you've properly classified an employee as exempt from overtime. . . . more
Exempt v. Non-Exempt in California: How to Evaluate Classifications to Determine If Employees are Entitled to Overtime
Originally presented on August 29, 2012
Exempt v. Non-Exempt in California: How to Evaluate Classifications to Determine If Employees are Entitled to Overtime Brand New!
Exempt or non-exempt? It's a question that HR professionals across the state often struggle with. And it's no wonder why: California's wage and hour rules are voluminous, and the devil in the in the details when it comes to ensuring that you've properly classified an employee as exempt from overtime. . . .
more
HR Documentation in California: How to Avoid Costly Mistakes with Effective Drafting Strategies
Originally presented on July 17, 2012
HR Documentation in California: How to Avoid Costly Mistakes with Effective Drafting Strategies Brand New!
Any labor and employment attorney will tell you that one of the keys to being able to defend--or even prevent--litigation rests in sound HR documentation practices. But what does that mean in actual practice? . . .
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Employee Expense Reimbursements in California: Your Compliance Obligations Explained
Originally presented on June 14, 2012
Employee Expense Reimbursements in California: Your Compliance Obligations Explained Employees have a right to be reimbursed for their work-related expenses, including business travel, training, equipment, materials--and sometimes even legal expenses.

Most companies typically maintain their own deadlines, rules, special forms, and other procedural requirements that must be followed to request and receive expense reimbursements. And mistakes in this area can prove extremely costly; you can be liable for payroll taxes and penalties on amounts that should have been counted as compensation.

Having a firm grasp on which reimbursements should be treated as expenses and which ones should be treated as compensation can go a long way toward ensuring that your books survive IRS or Division of Labor Standards Enforcement scrutiny. . . .
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Paid Time Off: How to Draft and Administer an Effective PTO Policy that Complies with Both California and Federal Law
Originally presented on May 8, 2012
Paid Time Off: How to Draft and Administer an
Effective PTO Policy that Complies with Both
California and Federal Law Moving to a paid time off (PTO) bank versus a traditional sick leave bank may be part of the solution. But poorly designed or improperly administered PTO plans present a host of potential legal issues, especially when it comes to complying with California's pro-employee wage/hour rules, family leave laws, and more. . . . more
Meal & Rest Breaks in California: Long-Awaited Brinker Decision Is Finally Here; What It Means for You
Originally presented on April 23, 2012
Meal & Rest Breaks in California: Long-Awaited Brinker Decision Is Finally Here; What It Means for You In California, meal and rest period requirements have played a huge role in the wage and hour litigation scene for over six years now. In fact, the issue has grown into the "lawsuit du jour" for both individual lawsuits and class actions.

But even well-intentioned employers have been stymied by the vague nature of the rules. What does it mean to "provide" a meal or rest period? How far should you go to ensure that employees take these mandated breaks? What should you do to ensure you're in compliance, now that the California Supreme Court has released its long-awaited decision in Brinker Restaurant Group v. Superior Court of San Diego?

. . .
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HR Notices & Disclosures: The A-Z List of What You Must Post--From the New NLRB Notice to FMLA/CFRA, ADA/FEHA, HIPAA, and Everything in Between
Originally presented on March 23, 2012
HR Notices & Disclosures: The A-Z List of What You Must Post--From the New NLRB Notice to FMLA/CFRA, ADA/FEHA, HIPAA, and Everything in Between It's not exactly a glamorous part of HR, but it is a downright necessity. We're talking about keeping up on your HR notice and disclosure obligations. These are the notices that must be posted in a conspicuous place for all employees to see, from notices under the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) to the Health Insurance Portability and Accountability Act (HIPAA), the Consolidated Omnibus Budget Reconciliation Act (COBRA), the new National Labor Relations Board rule, and so on. Learn everything you need to about HR notices and disclosures in California for 2012 during our webinar on demand. Our presenter will shed light on what to post, and where, and the stiff penalties you could face if you don't comply. . . . more
Workplace Violence: Prepare an Effective Violence-Prevention Plan Using the Plan/Prevent/Protect Model
Originally presented on February 28, 2012
Workplace Violence: Prepare an Effective Violence-Prevention Plan Using the Plan/Prevent/Protect Model Workplace violence continues to be a problem in the American workplace and, sadly, California typically has been one of the states with the highest rates of workplace homicides. Cal/OSHA requires you to provide your employees with a safe and healthful workplace. Are you doing everything that's required of you? . . . more
Medical Marijuana in California How Much Leeway Must You Give Employees?
Originally presented on January 10, 2012
Medical Marijuana in California  How Much Leeway Must You Give Employees? 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
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