Online Exclusive: Sample Supervisor Evaluation Form Getting honest feedback from employees about their supervisors can be difficult. After all, employees are generally reluctant to criticize their superiors, even if you assure them their comments will be anonymous. Instead of requesting anonymous evaluations, . . . more Workplace Violence, Part 1: 10 Reasons You Should Formally Report Aggressive Workplace Behavior Donnell Roberts was terminated from his job at the Barona Resort and Casino in San Diego County. Two weeks later, he walked into the casino and killed his former manager with a shotgun before taking his own life. . . . more Sexual Harassment: Spotting the Signs of a Potential Hostile Work Environment The term "hostile work environment" is one of the most misunderstood phrases in the employment law lexicon. Both employees and employers are often unsure what constitutes a hostile work environment. Employers in particular have difficulty knowing how to spot the warning signs that a hostile work environment may exist and the steps to take to prevent it. . . . more Sample Policy: Workplace Violence Zero-Tolerance Policy Statement This organization is committed to providing a safe and respectful environment for everyone who works or visits here. To that end, we have zero tolerance for acts or threats of violence. We define "workplace violence" as actions or words that endanger or harm another employee or result in another employee having a reasonable belief that he or she is in danger. . . . more Bulletin: Discrimination claims approach record high in 2009 The U.S. Equal Employment Opportunity Commission announced recently that 93,277 workplace discrimination charges were filed with . . . more Bulletin: USCIS to begin accepting petitions for 2011 H-1B visas USCIS to begin accepting petitions for 2011 H-1B visas. On April 1, the Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) will begin accepting . . . more Bulletin: Online Exclusive: Sample Supervisor Evaluation Form Most employers require evaluations of employees by their supervisors, but too few turn the tables and seek employee feedback on supervisors. A well-crafted supervisor evaluation form can provide . . . more Wage and Hour: Feds Focusing on Independent Contractor Misclassifications Representatives of the federal government have noted on several recent occasions that employees who are misclassified as independent contractors don't receive protections and benefits to which they are legally entitled. Misclassification also affects the government's bottom line&$8212employers may fail to pay taxes they would be required to pay if a worker was classified as an employee. Now the federal government is poised to confront the problem of misclassification. . . . more Recordkeeping: Does Communicating with Employees via Text Messages Undermine Your Recordkeeping? In the age of iPhones, BlackBerries, and similar devices, text messaging is becoming as ubiquitous in the workplace as it is everywhere else. More and more, as employees work from home, the road, and coffee shops as well as on location with customers, text messaging is now part of the way we work. As an employer, though, are you at risk of dropping the ball on essential recordkeeping because vital communications are transmitted on phones--often personal phones that don't belong to the company? . . . more Training: Three Key Reasons to Ask Employees to Evaluate Supervisors When was the last time you asked your employees to evaluate their supervisors? Most companies today provide for some form of supervisor evaluation of employees, on at least an annual basis. Far fewer regularly ask employees to evaluate supervisors, and those that do often ask the wrong questions. . . . more News Note: EEOC Schedules Federal Employer Conference for July 2010 The federal Equal Employment Opportunity Commission (EEOC) announced that its 13th annual Examining Conflicts in Employment Laws (EXCEL) conference will be held in . . . more News Note: Unionization Rate Unchanged from 2008 to 2009 The U.S. Bureau of Labor Statistics (BLS) reports that the national rate of union membership among wage and salary workers for 2009 was . . . more News Note: Staffing Firm to Pay $20 Million for Workers' Comp Fraud A California judge has ordered Bellflower-based Staffing Services, Inc., to pay $20 million in restitution to the state of California as part of a . . . more News Note: TV Writers Settle with Networks, Studios, and Talent Agencies for $70 Million After nearly 10 years of litigation, 157 writers have reached a preliminary $70 million settlement (subject to court approval) with 17 networks, production studios, and talent agencies. The plaintiffs in the class action lawsuit claimed . . . more News Note: Bureau of Labor Statistics Publishes 10-Year Industry Forecasts The BLS has published the 2010-11 edition of its Occupational Outlook Handbook, a report on how various types of jobs will fare in . . . more Online Exclusive: Sample California Interactive Process Questionnaire Both state and federal laws require employers to engage in an interactive process with disabled employees who require workplace accommodations to determine the available and most appropriate accommodations. A sample questionnaire--that complies with both California law and the recent amendments to the Americans with Disabilities Act--follows. It should be completed by the employee's treating physician or other healthcare professional to assist both the employer and the employee in the interactive process. . . . more Bulletin: U.S. Supreme Court to decide text message case The U.S. Supreme Court will hear arguments this spring in City of Ontario v. Quon to determine whether the California city violated an officer's privacy rights by reading . . . more Bulletin: Notices on COBRA subsidy extension due Feb. 17 Late last year, President Obama signed legislation to extend the COBRA subsidy provisions of the American Recovery and Reinvestment Act. Eligible individuals now qualify for . . . more Sexual Harassment: Court Denies Employee's Harassment Claim; Mutual Banter Doesn't Create a Hostile Work Environment Employees and employers alike are often confused about just what constitutes a hostile work environment. What some may experience as hostile is often perceived as no big deal by others. While the hostile work environment legal analysis remains highly fact-specific and must be assessed on a case-by-case basis, a recent California appeals court decision suggests that, when comments of a possibly sexual nature occur in the context of mutual banter, a hostile work environment might not be found. . . . more Immigration: Federal I-9 Investigations Are Under Way; How to Get and Stay Prepared At the end of 2009, the federal Immigration and Customs Enforcement (ICE) agency, the enforcement arm of the U.S. Department of Homeland Security, announced that it had issued I-9 audit notices to 1,000 businesses nationwide. According to ICE press releases, this may well be only the first of several immigration enforcement efforts that will continue through 2010. Between April and mid-November 2009, ICE initiated almost 1,900 prosecutions against employers for I-9 violations. This is more than three times the number of prosecutions in the same period in 2008. . . . more Discrimination: Understanding the New Genetic Information Nondiscrimination Act (GINA) Advances in genetics have opened new pathways in medicine, allowing for earlier detection of illnesses like breast cancer, Alzheimer's disease, and colon cancer, and providing individuals the opportunity to take steps to reduce the likelihood of ever contracting certain disorders. Genetic knowledge also makes it possible to develop treatments that are more effective against certain diseases or have fewer side effects than current therapies. . . . more Noncompetes: Court Strikes Down Another Noncompete/Nonsolicitation Agreement; Unique Rules for California Employers For many companies--especially those headquartered outside of California--asking employees to sign noncompete and nonsolicitation contracts is a common practice. A noncompete contract is an agreement made by an employee, usually at the time of hire, not to go to work for a competitor of the employer for a specified period of time after the employment relationship ends. A nonsolicitation agreement prohibits an employee, once he or she leaves the company, from soliciting the employer's customers, business associates, and current employees on behalf of a competitor. . . . more Disability: Employee's Reasonable Accommodation Claim Fails; When You Do—and Don't—Need to Engage in the 'Interactive Process' Under the federal Americans with Disabilities Act (ADA) and California law, employers are required to engage in an "interactive process" with disabled employees who need accommodation to determine which accommodations are both feasible for the employer and helpful to the employee. The Ninth Circuit Court of Appeals, which covers California, recently found that employers must engage in the interactive process only with employees who are legally disabled. To avoid potential liability, though, employers should continue to take this important obligation seriously. . . . more Wage and Hour: Even Mistaken Wage Claims Are Protected From Retaliation California law protects employees from retaliation for making complaints about their wages and working conditions. But what if the employee makes a mistaken claim for unpaid wages? As a recent court of appeals decision makes clear, an employee's wage complaint need not be valid to be protected by California law. . . . more News Note: Independent Contractors of Federal Employers Covered by Disability Bias Law In general, state and federal bias laws apply only to "employees." But the Ninth Circuit Court of Appeals, which covers California, recently ruled that, under the federal Rehabilitation Act, both employees and independent contractors . . . more News Note: EEOC Files Sexual Harassment Suit Against Jack in the Box Franchisee Kobra Associates, Inc., a Northern and Eastern California franchisee of about 70 Jack in the Box fast-food restaurants, has been sued by the federal Equal Employment Opportunity Commission (EEOC). The complaint alleges that . . . more News Note: Congress Moves Back Deadline to File for Extended Unemployment Benefits As part of the national defense appropriations bill, the U.S. Congress has pushed the deadline to file for extended unemployment benefits to . . . more News Note: Outback Steakhouse Chain Settles Sex-Bias Suit for $19 Million The EEOC announced that the Outback Steakhouse restaurant chain has agreed to pay $19 million to settle a national class action lawsuit. The women plaintiffs alleged that the company maintained a "glass ceiling" . . . more News Note: Settlement of UPS Supply Chain Solutions Overtime Lawsuit Approved The federal district court for the Northern District of California has approved a $12.8 million class action settlement in an overtime case brought against UPS Supply Chain Solutions on behalf of workers in . . . more Bulletin: Most workers report "stagnant" jobs More than half of workers say their jobs are stagnant, and nearly two-thirds of workers say they have no desire to . . . more More