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Attorney
Director Human Resources
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Cascade Drilling

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Countrywide Home Loans

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Stinson Stationers, Inc.

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Janet Caprario
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The Planning Center

A publication of Employer Resource Institute

Employment Law Compliance Help for California Employers

California Employer Advisor helps human resource professionals, business owners, and managers. The state and federal laws that govern your relationship with your employees change fast. We keep you up-to-date and in compliance.

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Did you miss the 2008 California Employment Law Update?
Find out what your peers are saying about it.

Keri Vargas, Business Systems Manager
Ontario Refrigeration

Marianne Jones, Director of HR
Kaspick and Co.

Did you miss this event? Don't let it happen next year!
Save the date: Nov. 4-6, 2009 in San Francisco.
You can also pre-register now. Get more information »

Reasonable Accommodation Request Form
Stay on top of your accommodation obligations with this exclusive request form . . . more

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

What's New for 2009: The State and Federal Laws, Regs, and Court Cases California Employers Need to Know About
Audio Conference
Tuesday, January 6, 2009
If you've been an HR practitioner in California for any length of time, it will come as no shock to you that the Golden State imposes more legal and regulatory burdens on employers than any other state in the country. But we've got you covered. Join us on Jan. 6 for an in-depth audio conference on the new state and federal laws, regulations, and court cases you need to know about. . . . more

Family and Medical Leave: Sweeping New FMLA Regs Finalized; What California Employers Need to Know�and Do�Now
Audio Conference
Monday, January 12, 2009
The wait is over: The long-awaited (or dreaded, depending on your viewpoint) changes to the federal Family and Medical Leave Act have been finalized and will take effect Jan. 16, 2009. That's not a lot of time to get ready. . . . more

HR Metrics: How to Measure - and Maximize - the Strategic Value of Your Workforce
Audio Conference
Tuesday, January 13, 2009
Many HR professionals spend their days focused on internal challenges: finding new ways to motivate and retain workers, enforcing policies that comply with federal and state employment laws, and trying to dig out from under a mountain of paperwork that never seems to get any smaller. However, your CEO and the marketplace are judging you by a different standard: the bottom line. Does your business view HR as a profit driver - or a cost center? . . . more

Conflict Management Techniques for Supervisors: What You Can Do Right Now to Reduce Stress and Improve Cooperation in Your Workplace
Audio Conference
Thursday, January 15, 2009
From hurtful gossip to co-worker flare-ups, workplace conflicts can quickly drain energy and destroy morale. That means decreased productivity levels among your employees, unnecessary distractions for your supervisors - and higher costs and legal risks for your organization . . . more

Employment Documentation: Bulletproof Strategies to Help Shield Your Organization from Legal Liability
Audio Conference
Friday, January 16, 2009
Unclear or inaccurate documentation can often create as much liability as having no documentation at all. Don't let poor documentation stand in the way of a successful defense when performance and disciplinary issues arise. . . . 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

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

Family and Medical Leave Sample Policy
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. . . . more

Bulletin: Special FMLA coverage this month
As you undoubtedly know by now, the FMLA has just gone through the most major changes since its inception. We've covered the changes in depth in this issue in two exclusive front-page stories: a hr . . . more

Bulletin: Bush signs extension of unemployment benefits
President Bush has signed legislation (H.R. 6867) that extends unemployment compensation in all states from from 13 weeks to 20 weeks. The legislation also provide . . . more

Bulletin: IRS lowers standard mileage rate for 2009
The IRS standard mileage reimbursement rate for 2009 will 55 cents per mile for all business miles driven, down from the rate of 58.5 cents a mile that was in effect in the second half of 2008. The IR . . . more

Bulletin: Winners Announced for ERI 2008 Great California Workplaces Award
The ERI Great California Workplaces Award recognizes California employers of all sizes that have implemented unique, innovative, or exceptionally effective programs that make them stand out. The 2008 . . . more

Bulletin: Special Report enclosed with this issue: What's New for 2009
Last year was an unusual year for new California legislation. Governor Schwarzenegger and the state Legislature were locked in a historic budget standoff, and when the dust finally cleared, Schwarzene . . . more

Bulletin: Online Exclusive: Family and Medical Leave Sample Policy
Our online subscribers can access a Family and Medical Leave Sample Policy, fully updated to reflect the new FMLA changes. a hre . . . more

Family and Medical Leave: DOL Issues New Regulations; What Employers Must Know

The U.S. Department of Labor (DOL) has published final rules�effective Jan. 16, 2009�that retool the existing Family and Medical Leave Act (FMLA) regulations and implement new leave entitlements for military families. Because the changes are extensive, we're covering them in two articles. This article explains the new notice, medical certification, and other changes to the existing FMLA rules. A separate article addressing the military family leave regulations is available below.

. . . more

Family and Medical Leave: New FMLA Regs Explain Military Family Leave Rights and Obligations

In 2008, the new National Defense Authorization Act (NDAA) expanded the Family and Medical Leave Act (FMLA) to permit two new types of workplace leave for family members of military personnel and military reservists called to active duty. (See CEA April 2008 for full details.) Now, new FMLA regulations, which take effect on Jan. 16, 2009, flesh out the rights and obligations for the new "qualifying exigency leave" and "military caregiver leave."

. . . more

Meal and Rest Periods: Another Court Says No Requirement to Ensure Employees Take Breaks; Plus, What the DLSE Is Saying

Meal and rest period rules are in a state of flux. Some experts, like attorney Marc Jacuzzi, a speaker at the Employer Resource Institute's (ERI's) recent 2008 California Employment Law Update conference, would call things "a mess."

. . . more

Discrimination Complaints: Time Limit to File FEHA Charge Can Be Tolled While Employee Pursues Employer's Internal Remedies; Beef Up Your Procedures

Suppose an employee files an internal complaint with HR, alleging she was discriminated against. The internal complaint resolution process takes some time and now, more than a year after the alleged discriminatory event took place, the employee files a bias charge under the California Fair Employment and Housing Act (FEHA).

. . . more

News Note: Time to Post Injury and Illness Log
From February 1 through April 30, 2009, most public and private employers have to post the Cal/OSHA Form 300A annual summary . . . more

News Note: E-Verify Rule Finalized
The federal government has finalized a new rule requiring certain federal contractors to use E-Verify, a web-based system that allows participating employers to verify the employment eligibility of ne . . . more

News Note: Muslim Workers Seeking Prayer Time Win Settlement
The U.S. Equal Employment Opportunity Commission has announced the settlement of two religious discrimination lawsuits involving chicken processor Gold'n Plump Poultry, Inc., in Minnesota, and employm . . . more

News Note: Multimillion-Dollar Retaliation Verdict for Officer Who Stood Up for Co-Worker
A Los Angeles jury recently returned an eye-popping $3.6 million verdict for a police officer who charged he was retaliated against by the Los Angeles Police Department (LAPD) for standing up for a fe . . . more

News Note: Court Rules Employer Did Not Breach Terms of Workers' Comp Policy
The Ninth Circuit Court of Appeals has ruled that an employer didn't violate a workers' compensation insurance policy when, in connection with settling civil lawsuits arising out of a refinery fire in . . . more

Bulletin: California Supreme Court to review Brinker
The California Supreme Court has granted review of the recent Brinker Restaurant Corp. decision. In that case, a California appeals court ruled, among other things, that an employer's obligat . . . more

Bulletin: Employee receives extra time to file bias charge
The California Supreme Court recently ruled that the statute of limitations for filing a bias complaint under FEHA was tolled, or suspended, while an employee pursued an internal administrative remedy . . . more

Bulletin: Supplemental final no-match rule issued
The federal Department of Homeland Security (DHS) has issued a Supplemental Final Rule that provides additional background and analysis for the department's No-Match Rule. The DHS regulation, which wa . . . more

Bulletin: San Francisco minimum wage going up next month
The minimum wage in San Francisco is increasing to $9.79 per hour (up from the current $9.36) effective January 1, 2009. If you've got employees in San Francisco, or are subject to living wage require . . . more

Bulletin: IRS issues 2009 cost-of-living adjustments for retirement plans
The federal Internal Revenue Service (IRS) has announced cost-of- living adjustments applicable to dollar limitations for pension plans and other items for tax year 2009. a href="http://www . . . more

Safety: Governor Signs Law Prohibiting Text Messaging While Driving; Update Your Policies
On July 1, 2008, Californians had to put down their cell phones while driving. Come Jan. 1, 2009, the law will expand, barring text messaging, emailing, and instant messaging while driving. The new, stricter provisions were signed into law last month, adding California to the short list of states, including Alaska, Louisiana, Minnesota, New Jersey, and Washington, that have banned texting while driving. Here's an overview of what employers need to know about the new requirements. . . . more

Whistleblowers: The New Consumer Product Safety Improvement Act--And How It Could Affect You
Important new federal whistleblower protections--part of the Consumer Product Safety Improvement Act (CPSIA) of 2008--have quietly come onto the national workplace scene, joining the many other whistleblower protection laws already on the books. Don't assume that this law doesn't apply to you simply because you're not in the consumer products business. The law is very broad, and it's in effect now. . . . more

Americans with Disabilities Act: Can You Discipline Disabled Workers? EEOC Gives Guidance on Applying Performance and Conduct Standards Under the ADA
Suppose you suspend an employee for yelling at a co-worker, and the employee then confides that he is bipolar and is having trouble with his medication. Do you have to withdraw the suspension once you know a disability may have caused the bad behavior? Handling conduct and performance issues without wading into a lawsuit can be challenging enough, and adding disability to the mix can make management responsibilities that much trickier--and fraught with legal risk. And now, with the new ADA Amendments Act, employers may have more of these issues to contend with than ever before. . . . more

Exempt Employees: New Law Adds Salary Rule for Exempt Computer Software Pros; Exemption Overview
Certain computer software professionals in California qualify for overtime exemption if they meet duties and hourly pay requirements. . . . more

Independent Contractors: 'At-Will' Termination Provision Didn't Doom Contractor Status
Project management firm Gateway Science and Engineering, Inc. hired Al Varisco, a construction inspector with a state certification, to provide inspection services on two Los Angeles Unified School District (LAUSD) construction projects that Gateway was working on. But when the Gateway-Varisco relationship ended a number of months later, Varisco sued Gateway for wrongfully terminating his employment. The lawsuit's fate turned on whether Varisco was an employee or an independent contractor. . . . more

Reasonable Accommodation: How Far Do You Have to Go? New Case Sets the Bar High for Employers
Employers have a very high hurdle to clear to fulfill the legal obligation to engage in an interactive process to explore reasonable accommodations for a disabled employee, according to a new California appeals court decision. . . . more

News Note: San Francisco's Health Insurance Law Upheld
The Ninth Circuit Court of Appeals has upheld San Francisco's controversial Health Care Security Ordinance that requires employers to spend a certain amount on health insurance for employees working i . . . more

News Note: Greening The Workplace With Energy Star @ Work
Employers and employees hoping to implement energy-efficient strategies in the workplace and make a difference in global warming have a useful new resource: the Environmental Protection Agency's Energ . . . more

News Note: Employee Misses FMLA Eligibility By 12 Minutes
An employer doesn't have to grant leave under the Family and Medical Leave Act (FMLA) to an employee who falls just short of meeting the qualification requirement of having worked at least 1,250 hours . . . more