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Employment Law

Going paperless: Can personnel records be electronic?

12/01/2007

Q. We’re drowning in paper and would like to go paperless. Can we create strictly electronic personnel and payroll records? — T.P., Indiana …

Can we dock pay if worker exceeds sick-Leave limit?

12/01/2007

Q. A salaried employee used all his vacation and sick time. He’s allowed 21 days and so far has used 22 this year. He wants to take more vacation in December and is always sick (so he’ll probably be out more). Can I deduct his pay if he’s out more? Or can I take days from next year? — R.E., Pennsylvania …

Employers not liable for employee crime outside work

12/01/2007

California employers can rest easy—they aren’t liable for criminal acts their employees may undertake outside the workplace or their job responsibilities. That’s true even if the employee uses work-related materials to commit the crime, and the employer missed important clues in a background check …

‘Blacklisting’ for prior EEOC complaints may be retaliation

12/01/2007

Title VII of the federal Civil Rights Act outlaws retaliation against applicants or employees because they have filed EEOC complaints or participated in EEOC proceedings. But that prohibition applies equally to EEOC complaints that job applicants may have filed against other employers. In other words, “blacklisting” an applicant because you know she filed an EEOC complaint against another employer is illegal retaliation …

Handling HR issues in wake of the Southern California wildfires

12/01/2007

Now that the smoke has begun to clear after record wildfires swept through Southern California, employers face some smoldering pay and leave questions. What if the fires forced you to close your workplace? Do you have to pay employees who were ready and able to work? When must your organization pay employees who were forced to leave their homes? …

‘Cultural fit’ might be code for age discrimination

12/01/2007

Each organization has its own culture, and some even strive to differentiate themselves based on that unique atmosphere. But some words of caution are in order: If you use “cultural fit” to limit applicants or to drive out those who don’t conform, prepare for trouble …

Document experience to justify who stays after RIF

12/01/2007

In uncertain economic times, employers place a premium on flexibility. That includes being able to retain the most talented, productive and experienced employees, and perhaps terminating those with more seniority. But that can lead to discrimination claims over age and other characteristics …

Forced arbitration agreement doesn’t stop class-Action wage-and-Hour lawsuits

12/01/2007

A California appeals court ruled that employees can still participate in class-action wage-and-hour lawsuits even if they signed arbitration agreements waiving their rights to those kinds of suits as a condition of continued employment. The court said such agreements are unconscionable and therefore not enforceable …

Time to come clean: car washes handed $1.6 million in citations

12/01/2007

The California Division of Labor Standards Enforcement (DLSE) recently conducted two days of sweeps at approximately 100 car washes in six Southern California counties, uncovering an array of employment law violations …

Interstate Bakeries to close Southern California facilities

12/01/2007

On Oct. 3, the U.S. Bankruptcy Court for the Western District of Missouri approved motions to allow the managers of Interstate Bakeries Corp. to go ahead with plans to close most of its Southern California operations …