Be careful what you say when interviewing potential employees: Various federal and state laws protect job applicants from discrimination related to their nationality, family status, disability, sex, age, or religion. Phrasing a question incorrectly — even if you’re simply making small talk — could put you at risk of a lawsuit.

It’s that time of year again; it’s time to think about holiday gifts. It’s hard enough to figure out what to get for family and friends at this time of year, but as a small business owner, I find it even more difficult to know what to get for the people that make the business run as well as it does.

The National Labor Relations Board (NLRB) voted today to proceed with a controversial election rule despite strong dissent from one member of the board. In a 2-1 vote, Chairman Mark Pearce and Board Member Craig Becker voted to advance the proposal while member Mark Hayes voted no. 

Rumors swirled earlier this week that Hayes might resign or refuse to participate in the vote, leaving the NLRB without the quorum it needs to make major rule changes. However, Hayes said that he did not intend to resign even though he strongly opposes the rule.

Yesterday, Pearce made changes to the proposed rule. Only the revised proposal was approved today, but this revised proposal retains significant portions of the original proposal — portions that remain troubling to businesses. The NLRB vote advanced changes that would eliminate most pre-election challenges and move them to after the workers’ vote and would limit litigation surrounding union elections. Pre-election appeals would no longer be allowed which would speed up the election process.

The NLRB will now draft a final rule which will have to be voted on again. Board Member Becker’s appointment expires at the end of the year, which will bring the NLRB down to two members and without a necessary quorum. The NLRB will have to try and get this rule through to a vote prior that time.

Several provisions of the original proposal were not up for vote today, including provisions that would have: (1) required employers to provide the union with email addresses of employees, (2) required parties to identify issues and describe evidence soon after an election petition is filed, no later than the start of the hearing and prior to any other evidence being accepted; and (3) required that hearings be set for seven days after service of the notice of hearing. These items are still up for consideration for later action.

In dissent, Hayes argued that the NLRB should not proceed with the vote given the significance of the proposed changes.

“I deeply believe that whatever one’s view of the need for election rule revisions may be, a final rule should not be issued in the absence of three affirmative votes to do so,” Hayes said.

Employers commonly throw holiday office celebrations this time of year to show employees that they’re appreciated. However, a recent case from a California appellate court demonstrates the problems that can also arise when conduct crosses the line. Brennan v. Townsend & O’Leary Enterprises, Inc., 199 Cal.App.4th 1336 (2011).

You’re looking for that key staff member who can take your business to the next level. You’ve tried the mega job boards, but the candidates who’ve applied aren’t remotely qualified for the position — and you’re tired of weeding through your inbox. Should you turn to an employment agency? Maybe. Consider these factors before you do.

• Industry-specific recruiters know where to find qualified candidates. Experienced headhunters working within a particular industry generally understand its key players and where to promote open positions. Often, they contact employees of competing firms to see whether they’re interested in a job, which is probably not a tactic you’d dare to try on your own.
• Anyone can call himself a recruiter. Unlike for lawyers and real estate agents, there are no licensing requirements for recruiters. When considering using a headhunter, pay close attention to his prior experience and clients. Ask for referrals to make sure that he’s made good matches in the past.
• Recruiters are motivated to find employees fast. Because a recruiter isn’t paid until she matches a job seeker with a job, she’s eager to find you a candidate quickly. This can be a good for you if she’s careful to vet the candidate’s qualifications; however, if she rushes to fill the job for the sake of getting paid, you may not end up with the ideal person.
• Recruiters may rule out candidates you’d like to hire. When you give recruiters a set of criteria, they tend to make sure that all potential candidates fulfill everything on your wish list. That means they’re likely to rule out any candidate that’s even slightly lacking, but whom you may have liked despite the fact that they weren’t the whole package. Make sure to clarify details such as whether you will accept relevant experience in related industries or might allow telecommuting for the right candidate.
• Recruiter fees can drive down employee salaries, shrinking your pool of potentialemployees. Although you don’t pay anything out of pocket to use an employment agency, you’ll need to budget its fee (typically, around 20 percent of the candidate’s salary) into the amount you’re paying for the hiring package. That means that if your dream hire asks for an extra $10,000 in salary, you may not have room to negotiate — and could end up losing the candidate as a result.
• Recruiters can save you time. By outsourcing the application review and interviewing process, you’ll free up your time to focus on more profitable business ventures. Although you’ll have the final say in hiring a candidate, all of the time-consuming work that goes into making that decision will be handled by someone else.

The minimum wage in San Francisco will increase to $10.24 per hour, effective January 1, 2012: 

Getting hurt or sick is no fun, but what’s worse is worrying that you’ll lose your job if you take time off to recover. That’s why employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA).

Getting hurt or sick is no fun, but what’s worse is worrying that you’ll lose your job if you take time off to recover. That’s why employee medical leaves are protected under both the federal Family and Medical Leave Act (FMLA) and the analogous California Family Rights Act (CFRA).

Under California law (which is much more generous to employees than federal law), if you are a non-exempt worker, you are entitled to meal and rest breaks: a 30-minute meal break if you work more than 5 hours in a workday, and 10 minutes breaks for every 4 hours you work. There are other requirements though. If your boss doesn’t comply with break requirements, they are required to pay you one extra hour of regular pay for each day on which a break violation occurred.