The California legislature on Saturday, August 29, passed the Healthy Workplaces, Healthy Families Act of 2014. Below are the pertinent elements of the law that every employer in California must become familiar with.Sick Leave Entitlement/Accrual/UseIt states that an employee who, on or after July 1, 2015, works in California for 30 or more days within …
California Employer LAWlert: CA Mandates Paid Sick Leave Read More »
When clients ask us for advice on matters involving reasonable accommodations for injured workers, the first request we have is to see the particular job description. Unfortunately, far too often the response from the client is “we don’t have one.” One of the legal tips I cover in my book 10 Employment Law Tips Employers …
Written Job Descriptions- a Defense against Liability Read More »
A former Subway sandwich maker in Washington claims his employer used an inventive scheme to avoid paying him overtime: Creating fictional workers.Erwin Zambrano Moya alleges in a lawsuit filed in federal court Wednesday that the Subway franchise at 2301 Georgia Ave. NW, near Howard University, systematically shortchanged him for the two years ending in June. …
Effective January 1, 2015 in Illinois, the Job Opportunities for Qualified Applicants Act will prohibit most private-sector employers and employment agencies with 15 or more employees from asking applicants about their criminal histories and conducting criminal background checks until after applicants are deemed qualified for a job.At the signing Governor Quinn stated, “Everyone deserves a …
New Illinois Law Prohibits Criminal History Inquiries on Job Applications Read More »
Yesterday, McDonald’s was notified by an NLRB regulator that it is a “joint employer” for purposes of violations of employee working conditions at its franchise locations, more evidence that it is crucial that franchisees and their managers have quick access to employment law and HR expertise. The day to day decisions required to be made by …
NLRB SAYS McDonald’s “JOINT EMPLOYER”: why expert legal and HR advice is vital Read More »
By Roberta Fields The U.S. 6th Circuit Court of Appeals recently revived an Americans with Disabilities Act (ADA) suit filed on behalf of an ex-Ford Motor Company worker, showing that courts are warning employers to be aware that telecommuting is acceptable under appropriate circumstances as an ADA accommodation. As a result of the decision, more …
Technology Advances Require Another Look at Telecommuting as Reasonable Accomodation Read More »
Tom Willingham of The Hampton Group will introduce us to some core concepts and principles of strategic execution to improve management and operations. A must see for any business owner, manager and HR professional. [youtube https://www.youtube.com/watch?v=xLb7gT8ORPM&w=420&h=315] We hope you find this information of value. Plese do not hesitate to contact Holman HR with any …
Core Concepts and Principles of Strategic Execution to Improve Management and Operations Read More »
At the time an employee’s protected leave is coming to a close, many employers send the individual a “Job Readiness” or “Fitness-for-duty” form. There are many sound reasons for such a process including: Confirmation of the individual’s condition (rather than relying exclusively on the employee’s own assessment or representation); Preventing employees from abusing medical leave …
Can an Employer Require “Job Readiness” in a Return-to-Work Certification? Read More »
Survey after survey reveals that the most intimidating and confusing aspect of day-to-day human resources management is dealing with employee disability issues, especially leaves of absence. This area is of even greater concern because according to Helen M. Applewhaite the U.S. Department of Labor, Wage and Hour Division FMLA Branch Chief; employers should expect more onsite …
STRATEGIES FOR EMPLOYERS DEALING WITH ADA (FMLA) MATTERS Read More »
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 »
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 …
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 …
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 …
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 »
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 …
While the title of this Alert is a slight overstatement, it is not that far from reality. In 2013, SB 462 which was signed into law by Governor Brown, serves to amend Labor Code Section 218.5. That section used to permit a court to award attorney fees to the prevailing party, regardless of whether it …
BEWARE – legal fees, employees yes, employers no Read More »
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 …
Do not penalize an employee for increasing requests for or use of, FLMLA-qualifying leave. Point-based progressive disciplinary policies (such as no-fault attendance policies) may simplify the administration of attendance issues, but employers should be careful not to count absences protected by FMLA and ADA. See Green v. Wal-Mart Stores, East, L.P., WL 3223629 (S.D. Ohio, …
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, …
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 »
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 …
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 …
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 »
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 »
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 »
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 »
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 …
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 »
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 »
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 …
