Employment Law & HR Topics

ARBITRATION AGREEMENTS – they can save everyone a lot of money

Employment Law & HR Topics / By

Here’s the typical scenario, several ex-employees hire an attorney and threaten a class action lawsuit for employment law violations that if proven probably won’t result in a jury awarding more than $20,000.  Employer’s attorney contacts the employees’ lawyer in order to attempt a settlement. The employer’s attorney reports that the other side is not interested …

ARBITRATION AGREEMENTS – they can save everyone a lot of money Read More »

How to Handle Employee Disability Situations

Employment Law & HR Topics, Leaves of Absence / By

In this Holman HR video alert, President and employment attorney, Michael Goldfarb, Esq. walks us through a typical employee situation involving disability claims. You will learn all the vital steps and procedures to follow when dealing with these situations. [youtube http://www.youtube.com/watch?v=VNa9s_phUtE&w=420&h=315] We hope you found this information of value. Please do not hesitate to contact your …

How to Handle Employee Disability Situations Read More »

Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee?

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, Termination / By

Tomas Alarcon, 59, alleged that Professional Plastics Inc., fired him because of his age and tried to cover it up by claiming that the basis for his termination was stolen candy. Alarcon worked for nine years in the shipping department and admitted that he took a small box of candy from a communal table where …

Was the Firing of a Warehouse Worker Really Because He Stole Candy (Pretext) or Did the Company Want to Shed an Older Employee? Read More »

California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate

California, Discrimination & Harassment, Employment Law & HR Topics, Leaves of Absence, State & Federal Employment Law Updates, Termination / By

Although the following case involves a California employer and California’s version of the ADA, this Alert is relevant to companies nationwide who are subject to the ADA and state equivalents. In Sanchez v. Swissport Inc., employee Sanchez, alleged that she was discriminated against in violation of California’s Fair Employment and Housing Act (FEHA).  FEHA is …

California Employer LAWlert: FAILURE TO RETURN FROM A LEAVE OF ABSENCE- Don’t Be Quick to Terminate Read More »

Urgent HR Alert: New York Sick Leave Law Expanded

Employment Law & HR Topics, Leaves of Absence, New York / By

Taking effect on April 1, 2014, New York City’s Earned Sick Time Act (the “Act”), will require all employers with at least five employees and all employers with at least one domestic worker to provide paid sick time to their employees; all other employees will be entitled to unpaid sick leave without penalty. Employers with …

Urgent HR Alert: New York Sick Leave Law Expanded Read More »

Leading with Both Feet on the Ground

Employee Management, Employment Law & HR Topics / By

Holman HR President and employment attorney, Michael Goldfarb, Esq. interviews Industrial/Organizational Psychologist, Claudia White, of White Sand Consultants, Inc., on training managers to be leaders.  Claudia provides insightful expert analysis and suggestions on how to develop leadership talent and excellence.  This webinar is relevant to business owners and any individual who wants to hone their …

Leading with Both Feet on the Ground Read More »

Employee Complaints Need to Be Taken Seriously

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, Termination / By

The current case of Butler v. FedEx Corp., involves an employee, Lynette Butler who worked for FedEx Trade Networks Transportation & Brokerage Inc. for 17 years until she was fired on November 2012. In 2010 Butler was assigned the position of transportation supervisor, where she approved driver timecards and monitored costs. In the course and …

Employee Complaints Need to Be Taken Seriously Read More »

California Employer LAWlert: FORCED USE OF VACATION FOUND TO VIOLATE THE NO ‘USE-IT-OR-LOSE-IT’ PROVISION OF CALIFORNIA LAW

California, Forms and Policies, State & Federal Employment Law Updates, Wage & Hour / By

Recently the 2nd District Court of Appeals ruled against Lexmark International, Inc., that its vacation policy violated California Labor Code Section 227.3 which states in pertinent part that an employer’s vacation policy “shall not provide for forfeiture of vested vacation time” and awarded plaintiffs $13 million. Under California law and as affirmed by the court, …

California Employer LAWlert: FORCED USE OF VACATION FOUND TO VIOLATE THE NO ‘USE-IT-OR-LOSE-IT’ PROVISION OF CALIFORNIA LAW Read More »

OR LAWlert: Oregon Employers Required to Provide Bereavement Leave

Employee Benefits, Employment Law & HR Topics, Leaves of Absence / By

by Calvin Keith Oregon will become the first state in the nation to require employers to provide bereavement leave when House Bill 2950 takes effect January 1. The new law allows for bereavement leave under the Oregon Family Leave Act (OFLA). The law applies to any employer with 25 or more employees in Oregon. Any …

OR LAWlert: Oregon Employers Required to Provide Bereavement Leave Read More »

URGENT CA: California Employer Arbitration Agreements May Require Waiver of a Berman Hearing

Employment Law & HR Topics, Forms and Policies / By

In Sonic-Calabasas A, Inc. v. Moreno (2011) 51 Cal.4th 659 (Sonic I), a California Court of Appeals ruled that it is contrary to public policy and unconscionable for an employer to require an employee, as a condition of employment, to waive the right to a Berman hearing, a dispute resolution forum established by the Legislature …

URGENT CA: California Employer Arbitration Agreements May Require Waiver of a Berman Hearing Read More »

California Employer LAWlert: Urgent Alert

California, Employment Law & HR Topics, State & Federal Employment Law Updates, Wage & Hour / By

On September 25, 2013, California Governor Jerry Brown signed a new law making California the first state to reach a $10 per hour minimum wage. The new law raises the minimum wage from the current $8 per hour to $9 per hour July 1, 2014, and then to $10 per hour January 1, 2016.This rise …

California Employer LAWlert: Urgent Alert Read More »

CA UPDATE: A Dress Code Can Result In Major Legal Claims

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies / By

WASHINGTON (Sept 2013) — a federal judge in California ruled last   week that clothing retailer Abercrombie & Fitch Co. discriminated against a Muslim employee on religious grounds, the U.S. Equal Employment Opportunity Commission said Monday. The lawsuit was filed by the EEOC in 2011 on behalf of Umme-Hani Khan, a Muslim who was fired in February 2010 …

CA UPDATE: A Dress Code Can Result In Major Legal Claims Read More »

Racial Bias Claim Results In One of The Largest Settlements of Its Kind

Discrimination & Harassment, Employee Management, Employment Law & HR Topics / By

REUTERS (By Amanda Becker 8-28-13) – Merrill Lynch has agreed to pay $160 million to settle a class-action race discrimination lawsuit brought by a longtime U.S. employee. More than 1,200 current and former Merrill Lynch employees could be eligible to take part in the settlement, one of the largest sums obtained from an employer in …

Racial Bias Claim Results In One of The Largest Settlements of Its Kind Read More »

CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal

California, Discrimination & Harassment, Employee Management, Employment Law & HR Topics / By

By Ashley Kaplan As the number of women accusing San Diego Mayor Bob Filner of sexual harassment reaches the double digits, public interest surrounding the case is at an all-time high, as well. In the wake of the accusations – and despite intense pressure to resign – Filner refuses to step down. Instead, Filner is …

CA UPDATE: The 2 Critical Questions From San Diego’s Sexual Harassment Scandal Read More »

Employer Email Policies – Be clear and consistent

Employment Law & HR Topics, Forms and Policies / By

Harvard University – Due to a recent student cheating scandal that rocked the Harvard School of Government, as part of an investigation into the matter school administrators decided to audit the email accounts of Assistant Deans within the department. Assistant Deans are university employees who live in the dorms with students. These individuals are provided …

Employer Email Policies – Be clear and consistent Read More »

Employers and Insurance Brokers Beware – Falsifying workers compensation information can land both in prison

Employment Law & HR Topics / By

On April 5, 2013, a Tulare County criminal grand jury indicted eight local businessmen on suspicion of workers’ compensation insurance premium fraud and payroll tax evasion. In the indictment, the individuals were collectively charged with 50 counts of making fraudulent misrepresentations to private insurance carriers, the State Compensation Insurance Fund (SCIF) and the California Employment …

Employers and Insurance Brokers Beware – Falsifying workers compensation information can land both in prison Read More »

EMPLOYEE/EMPLOYER MEDIATION – Avoid costly litigation

Employment Law & HR Topics / By

Guardian HR has experienced employment attorneys that can provide on-site mediation services. We deal with employer/employee issues every day and have an intimate understanding of the competing interests at stake. Sometimes in business disputes arise between employees and employers and too often these disputes are resolved either through costly court trials or complex arbitration when …

EMPLOYEE/EMPLOYER MEDIATION – Avoid costly litigation Read More »

CA Urgent: New U.S. Supreme Court Rulings Impact on Employer Policies

Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies / By

The United States Supreme Court has issued a landmark ruling in the case of United States v. Windsor, No. 12-307 (June 26, 2013), and an additional important decision in the matter of Hollingsworth, et al. v. Perry, No. 12-144 (June 26, 2013). THE DECISIONS In Windsor, the United States Supreme Court ruled the Defense of Marriage Act …

CA Urgent: New U.S. Supreme Court Rulings Impact on Employer Policies Read More »

CA UPDATE: Special 2013 Legal Update Alert

California, Discrimination & Harassment, Employment Law & HR Topics, Forms and Policies, Wage & Hour / By

SPECIAL 2013 LEGAL UPDATE ALERT As part of Holman HR’s continuing efforts to keep you, our client apprised of new legislation, below is a comprehensive list and summary of all new employment laws for 2013 affecting California employers. For our clients who do not operate facilities within California we will also update you as to …

CA UPDATE: Special 2013 Legal Update Alert Read More »

URGENT – January Alert – NEW PDL REQUIREMENTS

California, Employment Law & HR Topics, Leaves of Absence / By

New PDL rules went into effect 12-30-12. These changes to California’s Pregnancy Disability Leave Law requires all employers in the state to display new postings and notices. The content of the postings is available at http://www.dfeh.ca.gov/Publications_Publications.htm. Other substantive changes include the requirement that employers must notify an employee in writing of any medical certification requirement …

URGENT – January Alert – NEW PDL REQUIREMENTS Read More »

Urgent – HR Alert – January 2013 – Contract Workers

Employment Law & HR Topics, State & Federal Employment Law Updates / By

by Judith E. Kramer An Executive Order issued nearly four years ago dealing with employees of federal contractors is set to take effect on January 18. President Barack Obama signed Executive Order 13495—Nondisplacement of Qualified Workers Under Service Contracts—on January 30, 2009. The order requires that contractors and subcontractors acquiring contracts that succeed contracts for …

Urgent – HR Alert – January 2013 – Contract Workers Read More »

“Danger Dialing” – Implement a Distracted Driving Policy?

Employment Law & HR Topics, Forms and Policies, Safety / By

An employer paid half a million dollars to settle a recent case where a motorcyclist was killed after colliding with an employee who was driving while looking for his cell phone after dropping it.  Even though the accident occurred after normal work hours, the employer was liable because the employee was talking to a client …

“Danger Dialing” – Implement a Distracted Driving Policy? Read More »

Arbitration Agreements and Employment

California, Employment Law & HR Topics / By

EMPLOYMENT ARBITRATION AGREEMENTS:  Good news for employers, at least those outside of California   The Case & Ruling: Rent-A-Center v. Jackson, the United States Supreme Court held that arbitration agreements are contracts, and, like other contracts, should be enforced according to their terms which terms may include a provision allowing an arbitrator to determine that …

Arbitration Agreements and Employment Read More »

CA Update LAWlert: Supreme Court broadens definition of employer

California, Employment Law & HR Topics, Hiring, Safety, State & Federal Employment Law Updates, Termination, Wage & Hour / By

In California under the IWC wage orders an entity can be held part of an employer/employee relationship if any one of the following three scenarios are satisfied: (1) “to exercise control over the wages, hours or working conditions;” or (2) “to suffer or permit to work;” or (3) “to engage,” a common law definition. Elements …

CA Update LAWlert: Supreme Court broadens definition of employer Read More »

US Supreme Court Ruling Increases Likelihood for Discrimination Claims Against Employers

Discrimination & Harassment, Employee Management, Employment Law & HR Topics, State & Federal Employment Law Updates / By

The U. S. Supreme Court has unanimously ruled that an employer can be held liable for employment discrimination based upon the discriminatory intent of a supervisor who influenced but did not make the ultimate employment decision.  Staub v. Proctor Hospital, No. 09-400 (March 1, 2011).

CA UPDATE: Is Your Commissioned In-House Sales Employee Exempt from Overtime?

California, Employment Law & HR Topics, Wage & Hour / By

Under California law, a commissioned inside sales representative covered either by Wage Order 4 or Wage Order 7 can be classified as an exempt employee if: Total compensation exceeds 1.5 times the minimum wage for each hour worked during the pay period (As of January 1, 2008, 1.5 x $8.00 = $12.00/hour); and at least …

CA UPDATE: Is Your Commissioned In-House Sales Employee Exempt from Overtime? Read More »