Picture this scenario: you run a private residential facility for abused children. Late one night, one of your computers is used to access pornographic web-sites and other inappropriate material in violation of several well-publicized workplace policies. After further investigation, you learn that the inappropriate computer usage occurred on several occasions, but was limited to that one computer, which is located in an office shared by two day-shift employees in the administrative building. Several employees have access to the building and could have used the computer on the nights in question. Concerned that the culprit might be a staff member who works with the children, you hatch the perfect plan to catch him or her: place a hidden camera in the office! Of course, you don’t want to publicize its placement. That would defeat the purpose and the guilty party would simply find another computer to use. Besides, you plan to activate the camera only at night, several hours after the day shift has left the facility. The daytime occupants of the office won’t care that it’s there. Genius!
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HR Allen Consulting Services,
HR Informant,
Privacy,
California Constitution,
Employment,
Reasonable Expectation,
Right,
Surveillance,
Videotaping
If commissions are earned during a workweek that includes overtime (i.e., work beyond eight hours in a day or 40 hours in a week), such commissions are subject to the premium pay requirements.
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commission,
calculate overtime,
hourly pay,
HR Allen Consulting Services,
HR Informant,
Overtime,
HR Allen
Imagine this scene: The lead story on the evening news discusses a man who walked into his place of employment and started shooting, injuring several employees and killing one. Media representatives fan out into the perpetrator’s neighborhood to do a background story on this man. Neighbors describe him as “a regular guy” as they express their shock. They figure he must have just “snapped.” This is a very common myth.
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workplace violence,
violence,
violence in the workplace,
fighting in the workplace,
bullying in the workplace,
HR Allen Consulting Services,
HR Informant,
HR Allen
Almost one in four workers (23 percent) who took part in a recent survey by CareerBuilder.com reported being asked to perform tasks that fell well outside the “job related” category.
The survey turned up many interesting and unusual requests made by bosses, including:
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bosses,
other duties as assigned,
strange requests,
employees,
HR Allen Consulting Services,
Employers,
HR Informant
California has over 5.9 million small businesses and majority of the owners are unaware of some of the compliance requirement set forth by Cal/OSHA. Some of the most avoidable fines can range from $5000 - $7000. Cal/OSHA released their Top 25 Most Cited Violations when inspectors visit California businesses. We have taken this data and created an eBook that can help you avoid the #1 most cited violation from Cal/OSHA.
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OSHA Violation,
Top 25 Cal/OSHA Violations,
Injury Illness Prevention Plan,
IIPP,
HR Allen Consulting Services,
HR Informant,
Cal/OSHA
In 2010, the federal Equal Employment Opportunity Commission (EEOC) filed a lawsuit against Abercrombie & Fitch, claiming that the company refused to hire an applicant because the applicant wore a hijab – an Islamic religious head scarf.
Recently, a federal court denied Abercrombie’s motion asking for the case to be dismissed prior to trial.
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Abercrombie & Fitch,
hijab,
religious discrimination,
HR Allen Consulting Services,
HR Informant,
Equal Employment Opportunity Commission
On March 8, 2013, U.S. Citizenship and Immigration Services (USCIS) announced the revised Employment Eligibility Verification, Form I-9, and published a notice in the Federal Register.
In the initial announcement, USCIS described when employers can no longer use prior versions of Form I-9. USCIS incorrectly described the effective date as being after May 7, 2013.
USCIS published a correction notice in the Federal Register. This notice corrects the error and clarifies that beginning May 7, 2013, employers may no longer use prior versions of the Form I-9.
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Employment Eligibility Verification,
Form I9,
employees,
HR Allen Consulting Services,
Employers,
HR Informant,
USCIS,
: Form I-9
Today marks the one-year anniversary of the California Supreme Court’s decision in Brinker Restaurant Corp. v. Superior Court.
The Brinker case was extremely important to all California employers. The court ruled that employers do not have to ensure that employees take their meal breaks, but must merely make meal breaks available. The court’s ruling also provided flexibility to employers with regard to the timing of meal and rest breaks.
In the year since the case was decided, meal and rest break claims have certainly not disappeared in California. Such claims may, however, be harder to get certified as class action lawsuits, especially when the employer has clear policies and practices and a good timekeeping system.
Employers also need to make certain that supervisors do not schedule work shifts in a manner that prevents employees from having the ability to take breaks.
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Brinker decision,
Brinker Restaurant Corp. v. Superior Court,
HR Allen Consulting Services,
HR Informant
Drug use in California can cause headaches for employers. Balancing employee privacy interests against safety concerns forces employers to make tough choices with little guidance. Legal drug testing of existing employees is so limited that most drug use won’t be detected until after an accident. With increasing support for legal medical marijuana, many employers have struggled to determine how to respond to applicants and employees who test positive. Now, with recent case law and the FEHC’s final regulations, employers finally have the support they need.
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ADA,
FEHA,
Drug Test,
California,
HR Allen Consulting Services,
HR Informant,
Privacy,
medical marijuana
