Michael Allen

Recent Posts

On Video: The Brinker Decision's Impact

Posted on Fri, Apr 13, 2012

Yesterday, HRWatchdog gave a brief summary of the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court, relating to meal and rest breaks.

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Tags: rest breaks, Brinker case, meal breaks, Restaurant Corp. v. Superior Court, HR Allen Consulting Services, HR Informant, California employers

Labor Commissioner Releases Updated Wage Notice and FAQ

Posted on Fri, Apr 13, 2012

Today is a big news day in the employment law world.

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Tags: Notice to Employee, wage theft protection act of 2011, HR Allen Consulting Services, HR Informant, DLSE, California Labor Commissioner, wage and employment notice

Brinker Case Decided

Posted on Thu, Apr 12, 2012

Today, the California Supreme Court finally released its long-awaited decision in the Brinker Restaurant Corp. v. Superior Court case. The Brinker case is extremely important to all California employers because it involves employers’ obligations relating to meal and rest breaks.

The most critical part of the unanimous ruling is that employers do not have to ensure that employees take their meal breaks, but must merely make them available. The court also provided flexibility to employers with regard to the timing of meal and rest breaks.

According to the court:

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Tags: rest breaks, Brinker case, meal breaks, Brinker, Brinker v Superior Court, ensure, provide, HR Allen Consulting Services

April 30 NLRA Poster Deadline Approaches

Posted on Wed, Apr 11, 2012

The National Labor Relations Act (NLRA) posting deadline of April 30 is looming. This deadline has not changed even though there is a court case pending that is seeking to strike down this posting requirement.  

Employers must comply with the deadline unless the court rules otherwise. At this point, the court has not ruled and therefore the deadline stands.

Effective April 30, most private-sector employers must post the new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” Certain industries, such as agriculture, airlines and railroads, as well as some small businesses, are exempt from the NLRA notice requirement.

HR Allen is now selling a convenient all-in-one State and Federal Employment Notices poster with all federal notices for 2012, including the mandatory NLRA notice.

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Tags: NLRA poster, employee rights, national labor relations act, NLRA required poster, employees, HR Allen Consulting Services, Employers, NLRB

How to Choose the Right Freelance Consultants

Posted on Mon, Apr 09, 2012

Hire the right freelancers and you’ll be able to complete projects on deadline and under budget. Hire the wrong freelancers and you’ll end up with a disaster, one that costs you time and money.

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Tags: HR Allen Consulting Services, Hiring, consultants, freelancers

Proposed Amendments to Pregnancy Regulations and Disability Regulations

Posted on Fri, Apr 06, 2012

The California Fair Employment and Housing Commission (FEHC) is proposing amendments to California’s pregnancy regulations (Title 2, CCR secs. 7291.2-7291.16) and disability discrimination regulations (Title 2, CCR secs. 7293.5-7294.1). 

The FEHC is seeking public comments on the proposed amendments. Visit the FEHC’s website for more information, including the text of the proposed amendments and the Initial Statement of Reasons:

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Tags: employees, Employers, disability discrimination regulations, FEHC, California Fair Employment and Housing Commission, pregnancy regulations

EEOC Issues Final Age Discrimination Regulations

Posted on Thu, Apr 05, 2012

The Equal Employment Opportunity Commission issued its final regulations relating to the Age Discrimination in Employment Act (ADEA) and an important defense available to employers under the ADEA.

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Tags: employees, HR Allen Consulting Services, Employers, EEOC, ADEA, Age Discrimination in Employment Act, reasonable factor other than age, RFOA

​Independent Contractors Vital, Growing Source of California Economic Strength

Posted on Tue, Apr 03, 2012

Independent contractors are a vital and growing source of strength in California’s economy, according to a new report co-sponsored by the California Foundation for Commerce and Education (CFCE).

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Tags: HR Allen Consulting Services, California employers, independent contractors, HR Allen, California Foundation for Commerce and Education

Can Employees Be Disciplined for Filing a False Harassment Claim?

Posted on Fri, Mar 30, 2012

What happens when one of your employees fabricates a sexual harassment claim? A California appellate court recently ruled that an employee who fabricates a sexual harassment claim can be disciplined. Though certain circumstances may warrant disciplinary action, proceed with caution because such discipline could result in a retaliation claim. Joaquin v. City of Los Angeles, 202 Cal.App.4th 1207 (2012)

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Tags: employees, HR Allen Consulting Services, harassment, employee, harassment claim, false harassment claim, discipline

Abuse Case Highlights Need for Good Selection Practices

Posted on Fri, Mar 30, 2012

The California Supreme Court ruled that a school district can be found liable for the acts of its supervisors if the supervisors negligently hired, supervised or retained a school guidance counselor who is alleged to have abused a student.

The case, C.A. v. William S. Hart Union High School, involved specific California statutes related to the liability of public entities. But the overall point is the same: Employers who knew or should have known of an individual’s criminal history or history of violence that poses a threat of injury to others can be liable for the negligent hiring, supervision or retention of that individual.

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Tags: Employers, liability, abuse, Criminal history, employee background checks, employment history, hiring investigations, supervisors