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In the November 2005 issue of the California Employer Advisor, we reported on a case that highlighted the tension between the requirements of California disability bias law, the state Compassionate Use Law, and the federal Controlled Substance Act, which criminalizes drug use and possession. The case involved an employee who was refused employment after he tested positive […]
Handling employee requests for time off due to illness or injury can be one of the most difficult–and frustrating–parts of an employer’s job. That’s because a complicated array of state andfederal laws governing family leave, workers’ compensation, and disability discrimination may come into play–each involving different rules, definitions, and obligations. And complying with one law won’t […]
Because of the vulnerability of our systems to insiders, if someone gives two weeks’ notice before quitting, we usually have the person leave the premises right away. We handle the termination process in the next day or so under supervised conditions. My first question is, do we have to pay these people for the whole […]
I need some help with the administrative exemption as it relates to IT workers. We are a software consulting firm. Each consultant works pretty independently, managing and doing work on their own projects directly with clients. Their work is a mix of upper-level tasks (systems analysis, training, project management) and lower-level tasks (installing upgrades and […]
I have a question about determining the exempt or nonexempt status of our lowest-level managers. We think they are exempt, but we’ve read about some pretty expensive lawsuits and want to avoid that. We classify these employees as exempt, and they seem happy enough with that designation. Most of them are eager to move up […]
A new department of Labor opinion letter sheds light on when an employee does—and doesn’t—have the right to FMLA leave when adopting a child or receiving a child for foster care. We’ll explain the rules and point out some key differences in this area between the FMLA and the California Family Rights Act (CFRA). FMLA […]
It’s no secret that the private pension system in the United States is in crisis. Last week, the Pension Benefit Guaranty Corporation (PBGC), which insures pensions for about 44 million Americans, announced that it has a startling deficit of $23 billion, fueled largely by having to take over pension plan liabilities of bankrupt airlines. But […]
The U.S. Supreme Court yesterday ruled unanimously that the Fair Labor Standards Act requires employers to pay workers who are required to don protective gear on the employer’s premises for the time it takes the employees to walk between the changing and production areas. The court also decided, however, that employers need not compensate employees for […]
The U.S. Equal Employment Opportunity Commission has released new guidance explaining the rights of the blind and visually impaired under the Americans with Disabilities Act. The new guidance, issued in a question-and-answer format, covers when a vision impairment qualifies as a disability, questions employers may ask applicants and employees about their vision impairments, the circumstances […]
Are you classifying your white-collar workers correctly? Are you sure? Getting it wrong can trigger costly penalties and fines. In our exclusive Special Report, “White-Collar Overtime Exemptions Are Revised–and Could Mean Higher OT Costs for You,” we explain what you need to know in light of the recent revisions to the FLSA. We also provide […]