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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 »

COBRA and Cal-COBRA: The 6 Most Common Mistakes Employers Make - And How To Avoid Them
Audio Conference
Originally presented on October 27, 2008
Many employers become mired in sticky COBRA-related situations (and lawsuits) because they fail to respond appropriately. Don't become one of them. . . . more

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

Pssst! How to Silence Workplace Gossips and Rumormongers, Reduce Your Legal Risks, and Keep the Peace
Audio Conference
Friday, November 21, 2008
Whether you hear the whispers at your workplace or simply suspect they exist, you need to act now to combat a contagious behavior pattern that can diminish employee satisfaction, stimulate turnover, and breed lawsuits. Learn how to combat workplace gossip in an effective way. . . . more

The Administrative Exemption in California: How to Avoid Overtime Classification Mistakes
Audio Conference
Tuesday, December 2, 2008
The administrative exemption to overtime regulations set forth under California and federal law is probably the most misunderstood of all the exemptions. Learn all about the requirements of the administrative exemption, including thorny areas that could cause you grief. . . . more

The Professional Exemption in California: How to Avoid Overtime Classification Mistakes
Audio Conference
Thursday, December 4, 2008
Now that Gov. Arnold Schwarzenegger has signed into law a bill amending the California Labor Code to exempt certain computer software professionals from overtime pay, you should be reviewing whether all of your "professional" employees are just that in the eyes of the law. Don't think you're affected by the newly enacted amendment? Estimates put the number of workers statewide affected at around 250,000. Are you willing to take that gamble? . . . more

The Executive Exemption in California: How to Avoid Overtime Classification Mistakes
Audio Conference
Tuesday, December 9, 2008
Join us for this audio conference all about the requirements of the executive exemption, the most common mistakes employers make with regard to the exemption, how to tell if you're correctly applying the salary level and duties test, and more. . . . 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

Hosting a Holiday Party the Smart Way
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

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

News Note: Bike Commuting Reimbursement Now A Qualified Transportation Fringe Benefit
Effective for tax years beginning Jan. 1, 2009, employer reimbursement for bicycle commuting will be on the list of qualified transportation fringe benefits. Up to $20 can be excluded from an employee . . . more

News Note: Workers' Comp Rate Hike Approved
The California insurance commissioner has approved a 5 percent hike in the "Workers' Compensation Claims Cost Benchmark"—formerly known as the pure premium rate. The commissioner rejected the ste . . . more

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

Bulletin: Last chance to register for the California Employment Law Update conference!
Time is running out to register for the third-annual California Employment Law Update conference in San Francisco from Nov. 5-7. For more information, including details on the just-added session on th . . . more

Bulletin: Budget standoff finally over; Gov. vetoes many bills
While many workplace-related bills were approved by the state Senate and Assembly, Gov. Schwarzenegger vetoed all but a handful of them. In fact, the governor vetoed 35 percent—a record—of . . . more

Bulletin: New EEOC guidance on ADA and performance issues
In this issue, you'll find Part 2 of our two-part story on the new Equal Employment Opportunity Commission (EEOC) guidance about religious . . . more

Bulletin: California Supreme Court flip-flops on Harvey review
Back in September, we reported that the California Supreme Court was planning to review the decision in Harvey v. Sybase, Inc., which resulted in a $1.8 million verdict in favor of an employee who was . . . more

Bulletin: Special Report enclosed with this issue: Dealing with Problem Employees in California
Special Report enclosed with this issue: Dealing with Problem Employees in California. You'll find them in every workplace: A longtime employee who calls in sick with a "24-hour bug" every other week, . . . more

Disability Bias: Congress Expands ADA's Protections; What This Means for California Employers
President Bush has signed the ADA Amendments Act of 2008 (ADAAA), one of the most sweeping pieces of employment legislation in the past decade. The law - which takes effect on Jan. 1, 2009 - rolls back a series of U.S. Supreme Court decisions and Equal Employment Opportunity Commission regulations that have narrowed ADA protections. It makes clear that the definitions of "disability" and what it means for a major life activity to be "substantially limited" are to be broadly construed in favor of covering individuals under the ADA. . . . more

Wage and Hour: New Laws Grant Final Paycheck Relief to Temporary Services Employers, Crack Down on Time Sheet Fraud
Two new California wage and hour laws will take effect on Jan. 1, 2009. Here's a look at the measures, one of which impacts temporary staffing agencies, while the other applies to all employers. . . . more

Workplace Stress: 11 Ways to Calm Employees' Nerves when the Economy Heads South
Stressful working conditions are a common workplace reality, but now, the faltering economy has heightened anxiety levels for nearly all employees. Jittery employees worry about shrinking retirement funds, the company's bottom line, and the skyrocketing cost of nearly everything. Afraid of getting laid off, employees may feel more need to push themselves harder to prove their value; nervous supervisors are under pressure to do more with fewer resources. . . . more

Religious Discrimination: EEOC Releases New Guidance, Part 2; Accommodating Conflicts Between Religion and Work
Recently, the U.S. Equal Employment Opportunity Commission (EEOC) released comprehensive new guidance addressing religion bias in the workplace. Last month, in the first part of this two-part series on the new guidance, we explored what constitutes a religion and the employment practices that violate the law. Here, in Part 2, we tell you how the EEOC expects you to accommodate employees who have religious conflicts with work requirements. . . . more

Family and Medical Leave: Why Even Ineligible Employee Could Seek FMLA Rights; Is Your Policy Too Broad?
Does your organization's family and medical leave policy offer employees more than the law requires you to provide? Recently, an employer's generous leave policy obligated it to grant leave to an employee who was technically ineligible under the federal Family and Medical Leave Act (FMLA). After reading about the case, you might want to dust off your policy, examine its language, and make some updates. . . . more

Wage and Hour: Labor Commissioner Approves Use of Payroll Debit Cards; Guidelines for Use
As ATM debit cards and prepaid cards have become increasingly easy and common ways to access our funds and make purchases, some employers have been wondering whether the California Labor Code gives them leeway to issue payroll debit or prepaid (stored value) cards in place of the typical paycheck. In a recent opinion letter, the labor commissioner endorsed the use of these cards, but employers have to follow a few strict guidelines. . . . more

News Note: Congress Approves Mental Health Benefits Parity
Tucked into the massive $700 billion financial bailout plan recently approved by Congress and President Bush is an unrelated provision that will require employer-sponsored health care plans to provide . . . more