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DIR Issues FAQ’s to Give Employers the ABC’s Re: the ETS
California COVID-19 ETS is ever changing. Ensure you are aware of the new rules.
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Refresher on California Commute Time
Do not let commute time rules go unnoticed. Employers must be aware of when to pay an employee for commute time.
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Employee Is Awarded $450,000 for His Unwanted Birthday Party
Be attentive to red flags in the workplace.
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Severity of Discipline May Be Based on the Employee’s Reaction to A Charge of Misconduct
Every situation is different. Ensure you discipline employees consistently and without bias.
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California Employers with 5 to 50 Employees must register in Calsavers by June 30
California employers have a choice: to provide a private retirement savings account for its employees or via CalSavers. Compliance matters.
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When Caregiver Discrimination May be Unlawful Under Employment Discrimination Laws
Applying policies or practices consistently is your key to success. We can help you navigate discrimination laws.
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Employer’s Failure to Time Provide COBRA Election Notice Results in Retroactive Coverage and Penalties
More than once have I come across employer’s that do not comply with the timely delivery of COBRA notices. Make sure you know who is responsible for this task within your organization. The penalties for non-compliance are steep.
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Workforce Drug Test Positivity Climbs to Highest Level in Two Decades
I often come across employers that spend thousands of dollars drug testing employees that are not in sensitive positions or mandated by a government agency. Where do you stand? We help you define next steps for your business.
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Employees may be terminated for performance issues discovered during fmla leave
Oftentimes, employers do not take disciplinary action because an employee is on a protected leave of absence. Contact us for guidance before taking adverse action.
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The reason for this post…more coming soon.
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To Test or Not to Test: Considerations for Employers Pondering the Future of Their Cannabis Testing Practices
Interesting read about drug testing in the workplace.
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What should an employer do to address a discovered symbol of racial hate in the workplace?
Take action to protect your business from racism.
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Title VII Requires a Prompt Corrective Response, Not a Perfect Response
So says the U.S. Court of Appeals for the Sixth Circuit in rejecting an employee’s claim that the employer failed to respond appropriately to his complaint of racial harassment. In Burns v. Berry Global, Inc., the employee reported multiple incidents of racial harassment (notes and nooses). After each incident, the employer took various actions, which in total included the following: reviews […]
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Excusing Unpredictable Attendance Is Not a Reasonable Accommodation
Although some employers may feel like they have to tolerate a lot as a reasonable accommodation under the Americans with Disabilities Act, one thing that they may not have to allow is unpredictable attendance, as the U.S. Court of Appeals for the Tenth Circuit recently reaffirmed. In Lamm v. Devaughn James, LLC, the employee, who had mental health conditions and who […]
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Volunteers May Work For Nonprofits Without Compensation
The California Court of Appeal has definitively resolved an issue that was until now somewhat ambiguous: Can volunteers in fact volunteer their time for nonprofit organizations without receiving pay or other forms of compensation? The answer is YES. Woods v. American Film Institute, Case No. B307220 (Cal. Ct. App. Dec. 17, 2021). Laurie Woods worked for four days as a volunteer […]
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Are California employers required to have an IIPP in place?
Yes, businesses in California must have a written Injury and Illness Prevention Program (IIPP) no matter the size of the business. Each year, Cal/OSHA issues more fines to businesses in violation of the IIPP regulation than it does for any other standard. I can help you create an IIPP. Contact me for more information.
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In Colorado, “low wage” now means six-figures for non-competes
On June 8, 2022, Colorado Governor Jared Polis signed Colorado House Bill 22-1317 (the “Bill”), which was passed by the Colorado Legislature on May 10, 2022. Effective 90 days from the end of the legislative session – on August 10, 2022 – Colorado will join the ranks of Illinois, Washington, and other states that have prohibited non-competes for employees earning below a certain wage threshold. Colorado, which […]
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U.S. DOL Releases Guidance on FMLA Leave and Mental Health
Mental health conditions may be deemed a disability. We can help you navigate leaves of absence.
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Just Because an Employer’s Termination Reason Is False Doesn’t Necessarily Mean It’s Discrimination
Highlighting an interesting point in the analysis of a discrimination claim, the U.S. Court of Appeals for the Fifth Circuit stated that an employee must do more than prove the employer’s asserted justification for termination is false in order to sustain a discrimination claim – there must be evidence that the actual reason was discriminatory. In a discrimination case without […]
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