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To qualify for the administrative exemption under FLSA, several tests must be met. Make sure she meets all the tests before classifying her as exempt. Also, check your state rules, which may be stricter. The federal Department of Labor has a fact sh…
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here's a link to the case: http://www.courtinfo.ca.gov/opinions/documents/S140308.PDF
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Good question. I think there are better ways to improve safety. Not wearing a hardhat in a mandatory area isn't a good example to set, even as a test. This "test" could result in serious injury or even death of a managment member. The employer is …
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I thought that maybe there would be fewer workers attending the rallies since the immigration issue hasn't been in the headlines as much as last year. We are located in a city where political activism is very big, so such rallies and protests could…
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If the training is required (and it sounds like yours is), you have to pay the employee for time spent in training.
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You have the right and responsibility to prevent and address any illegal activity in your company. The terms "gang" and "gang activity" are loaded ones, so it would be better to describe the actual behavior you witness or suspect. The same goes for…
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Your company could run into problems because if you grant the vacation to one employee who hasn't accrued it, you have to grant it to all employees who haven't accrued it. You have to make sure managers follow your policy on vacations. It's a delica…
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Sounds like a hoax, but if it were ever true, People for the Ethical Treament of Animals would have something to say about it. Imagine the complaints you'd get about the body odor of these "employees." One of my childhood friends had a pet chimp, an…
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I think the case involving Electrolux from a few years ago is interesting. Somali employees who are Muslim accused the company of failing to offer a reasonable accommodation so they could conduct their daily prayers. Here's the EEOC's press releas…
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My friend works in a manufacturing environment and she set up a stretching program. The program was mainly intended to reduce injuries but she found that workers also reported that the exercises helped relieve stress. Her company also encourages e…
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Thanks for providing the link to the article. I never thought about salary history questions in that way.
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A couple of years ago, the National Labor Relations Board ruled that Weingarten rights (to have a representative present at an investigatory meeting that the employee reasonably believes might result in discipline) covered unionized workplaces only…
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Both the House and Senate have approved a minimum wage increase but they both must resolve differences between their versions of the bill before it will go to the President. The differences between the bills has to do with tax breaks.
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The City has created a handy list of FAQs, which should help answer your questions. For example, look at questions 2 and 20 (http://www.sfgov.org/site/olse_index.asp?id=54150): 2. Q: If an employer is based outside of San Francisco but ha…
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Thanks for all these resources. We do some of our training online already and would like to do more. Even though it's not required, does anyone train all employees on harassment?
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We looked at the proposed regulations (you can find them here: http://www.fehc.ca.gov/pub/pdf/11-14-06_reg.pdf) and then made sure we are offering training that at least met the requirements outlined in them. I just read that the state is going to …
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No, I don't think so ... because one of the requirements for an employee to be eligible for federal FMLA is to have worked for the employer for a total of 12 months. It doesn't look like your employee meets that requirement, so wouldn't be eligi…
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We are planning to resurvey employees in July. We'll ask employees to self-identify and stress that disclosure is voluntary. We are going to use similar language to what the EEOC provides in its EEO-1 instructions: "The employer is subject to cert…
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There are definitely incentives for employees to choose cheaper health plans, so employers could benefit. Like with health savings accounts, though, Bush's plan may have other consequences. For example, what happens to the risk pool for traditional …
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I read that Department of Homeland Security proposed a rule on this very subject. The rule includes a "safe harbor" for employers. I found an article on it on this site: http://hr.blr.com/display.cfm/id/18619. I copied part of it below. I hope th…
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The increase won't affect us because we are in San Francisco, where the minimum wage is $9.14 this year and is indexed to inflation. This year companies in our city will also have to offer paid sick leave to their employees. It will be tough for som…
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It depends on where your company operates. In California, sexual orientation is one of the characteristics protected from discrimination in employment.
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The EEOC says that "if an employee is temporarily unable to perform her job due to pregnancy, the employer must treat her the same as any other temporarily disabled employee; for example, by providing modified tasks, alternative assignments, disab…
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An issue you should address is that you may have to accommodate employees' dress and grooming habits that are based on a religious practice or belief. You may have to provide a reasonable accommodation unless the dress and grooming policy is justifi…
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I think there are better ways to screen applicants than using Google or MySpace. How reliable is the information you'd find? How does it pertain to the job? What if they find information that reveals something that is protected under federal, stat…
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You'd enforce it like your drug-free workplace policy and provide training for managers and others who you designate to enforce the policy. You'd also have to be diligent about enforcing your break rules. Also, you might be able to convince the ot…
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Have you thought about banning smoking on all company property? In most cases, that type of ban would work. If you combine the ban with smoking-cessation resources for smokers, it would go over much better.