I am sure HR managers have their share of funny interviewing tales – but I recently came across the How To Nail An Interview website (via Seth Godin). The author of the site staged a fake company to see what type of applicants he would have for an open "marketing coordinator" position. He
Etheridge v. Reins International: Employees Who Do Not Provide Direct Table Service May Still Participate In Tip-Pools
Another California Court of appeal ruled on the issue of tip-pooling in California. In Etheridge v. Reins International California, Inc., the court held that employees who do not provide “direct table service” may participate in tip-pools mandated by employers. (This holding confirms another recent appellate court’s ruling in Budrow v. Dave & Buster’s Of California
Managing Conflict In The Workplace
I completed two seminars (one for California and the other nationwide) last week for BLR on conflict management in the workplace, and I thought it would be a good time share a few additional thoughts on the topic. I’ve encountered a lot of skepticism about this topic – especially from other lawyers – that it
California Appellate Court Holds Postings On MySpace.com Are Not Private
The issue in Moreno v. Hanford Sentinel, Inc., as stated by the court, is:
… whether an author who posts an article on myspace.com can state a cause of action for invasion of privacy and/or intentional infliction of emotional distress against a person who submits that article to a newspaper for republication.
The case
DOL Webinar On Employers’ Obligations Under New COBRA Requirements
The DOL is offering a couple of webcasts to discuss employers’ and third parties’ obligations under the American Recovery and Reinvestment Act of 2009 (ARRA). ARRA provides for COBRA premium reductions and additional election opportunities for continuation coverage. The webcasts are an effort to assist employers in complying with the new requirements.
The presentation available
Watch What You Say About Terminated Employees
In addition to wrongful termination claims brought by terminated employees, employers also face an additional cause of action for slander. In a recent appellate decision, The Nethercutt Collection v. Regalia, the Plaintiff was terminated from his employment at a classic car museum. Regalia asserted causes of action for wrongful termination in violation of public
Department Of Labor To Step Up Field Audits For Wage and Hour Violations
The newly appointed Secretary of Labor, Hilda Solis, issued a statement on March 24, 2009 that the Department of Labor is renewing its efforts to enforce labor laws across the country. With the addition of 250 field investigators provided to the DOL under the American Recovery and Reinvestment Act, businesses can be assured of increased
Model CORBA Notices Available From The DOL
The DOL recently published sample COBRA notices to help plans and individuals comply with the notice requirements set forth in the American Recovery and Reinvestment Act (ARRA) of 2009.
The DOL explains:
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act (ARRA) of 2009 (Pub. L. 111-5). ARRA includes a
Severance Agreements In California – Items To Consider
What does the agreement have to be titled?
I was recently asked if the severance agreement needs to have a specific title in order to be valid. The title does not have to contain specific words, and are usually titled "general release" or "severance agreement." The title, unless it is clearly erroneous or confusing, does
How To Approach Meal & Rest Breaks While Waiting For The California Supreme Court’s Decision in Brinker v. Superior Court (Hohnbaum)
While California employers anxiously wait for the California Supreme Court’s opinion in Brinker v. Superior Court (Hohnbaum) (and also Brinkley v. Public Storage, Inc.), what steps should they in regards to meal and rest break policies?
Record meal breaks.
This is already an obligation of California employers, and the Brinker decision does not change