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Can an at-will employee be required to give notice before leaving?

Posted by on Nov 17, 2017 in Blog News | Comments Off on Can an at-will employee be required to give notice before leaving?

Can an at-will employee be required to give notice before leaving?

How do I keep an employee at-will but require them to give notice before leaving? At-will employment means an employee can be terminated by an employer at any time, for any reason, and without warning. The employer does not have to establish “just cause” for termination. Unfortunately, an employer may not simultaneously utilize the at-will employment provisions and require that an employee provide notice ahead of separation. Instead, I recommend requesting that employees provide notice as a professional courtesy so that you have...

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Is your work environment hostile?

Posted by on Nov 14, 2017 in Blog News | Comments Off on Is your work environment hostile?

Is your work environment hostile?

Several employees have complained that one of our managers is regularly abrasive and rude, yelling at employees and sometimes insulting them. Could she be creating a hostile work environment? Possibly, but not necessarily. It sounds like this manager’s abrasive and rude manner has made employees feel uncomfortable and affected morale. It’s worth addressing on those grounds alone, but whether it creates a hostile work environment depends on a few additional factors. A hostile work environment occurs when unlawful harassment in the workplace...

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Do you need a company policy for service animals in the workplace?

Posted by on Nov 9, 2017 in Blog News | Comments Off on Do you need a company policy for service animals in the workplace?

Do you need a company policy for service animals in the workplace?

Do we need a company policy related to service animals in the workplace? What if someone asks to bring one in? You do not need to have a specific policy on service animals for your employees. If a request comes up, I would recommend relying on your disability accommodation process and engaging in the interactive process. First, determine if the employee has a covered disability as defined by the Americans with Disabilities Act (ADA). The best way to do this is to provide the employee with a medical inquiry form that they can have completed by...

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Four Misunderstood Terms in the Americans with Disabilities Act

Posted by on Nov 8, 2017 in Blog News | Comments Off on Four Misunderstood Terms in the Americans with Disabilities Act

Four Misunderstood Terms in the Americans with Disabilities Act

The Americans with Disabilities Act (ADA) applies to a lot of organizations—all public employers and any private employer with 15 or more employees. Nevertheless, there’s a lot of confusion about what the law requires and what its terms entail. A big reason for this confusion is the language of the law itself; the ADA speaks of nebulous concepts like undue hardship and reasonable accommodation. Words like undue and reasonable are by their nature open to some interpretation, which is not exactly a comfort to employers. Fortunately, while...

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New Parent Leave Act Expands Portion of CFRA to Smaller Employers

Posted by on Nov 1, 2017 in Blog News | Comments Off on New Parent Leave Act Expands Portion of CFRA to Smaller Employers

New Parent Leave Act Expands Portion of CFRA to Smaller Employers

Beginning January 1, 2018, employers in California with 20 or more employees within 75 miles must offer up to 12 weeks of unpaid time off within one year of when a new child is born, adopted, or placed in foster care. Employees are eligible for this leave only if they have worked for the employer for more than 12 months, and have done at least 1,250 hours of work in the 12 months immediately prior to taking the leave. During the leave, employers must continue to pay the usual portion of the employee’s health insurance premiums, though they...

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California Bans Salary History Inquiries

Posted by on Oct 20, 2017 in Blog News | Comments Off on California Bans Salary History Inquiries

California Bans Salary History Inquiries

Beginning January 1, 2018, California employers will no longer be able to ask applicants about their current or previous salary or hourly rate of pay, whether on an employment application or during the interview process. Additionally, employers must provide an applicant with the pay scale for the position upon reasonable request. If an employer is aware or becomes aware of an applicant’s salary history, that information should not be used to determine the rate of pay offered, unless the information was volunteered by the applicant without...

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Can someone be both an employee and an independent contractor?

Posted by on Oct 12, 2017 in Blog News | Comments Off on Can someone be both an employee and an independent contractor?

Can someone be both an employee and an independent contractor?

Can the same person be both an employee and an independent contractor? According to IRS guidelines, it is possible to have a W-2 employee who also performs work as a 1099 independent contractor so long as the individual is performing completely different duties that would qualify them as an independent contractor. Some legitimate examples that we have seen of this circumstance are: A Receptionist also owns a cleaning service business with their spouse. The company contracts with the team to perform janitorial services after hours for the...

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How to Help Employees During the Busy Season

Posted by on Oct 9, 2017 in Blog News | Comments Off on How to Help Employees During the Busy Season

How to Help Employees During the Busy Season

We’re approaching my department’s busy season. Is there anything we can do during this time to help our employees and reduce their stress? Yes! Here are a few things you can do to make the busy season run as smoothly and stress-free as possible: Remove or reassign non-essential work duties: Before the busy season begins, ask employees in your department to make a list of tasks that other departments could feasibly handle for them. Then work on transitioning those tasks or simply hold off on non-essential tasks until things slow down. Allow...

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Requirements for Classifying Workers as Independent Contractors

Posted by on Oct 6, 2017 in Blog News | Comments Off on Requirements for Classifying Workers as Independent Contractors

Requirements for Classifying Workers as Independent Contractors

There are a variety of reasons that an employer might want to classify a worker as an independent contractor (IC). The most compelling are usually the tax savings and the administrative time savings of not having to put that individual on payroll. Often employers believe that if they hire a temporary employee, this option is available to them since it seems to make sense that you shouldn’t have to jump through as many hoops when only employing someone for a few days or even a few months. Other employers believe that a worker’s consent...

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Why do employees stay? Conducting the Stay Interview

Posted by on Oct 3, 2017 in Blog News | Comments Off on Why do employees stay? Conducting the Stay Interview

Why do employees stay? Conducting the Stay Interview

Like the exit interview, the stay interview solicits employee feedback; but instead of being conducted as an employee exits, it’s conducted before employees decide to leave. As the name implies, the stay interview asks employees why they stay with their jobs. By conducting this kind of interview with your employees, you may be able to make improvements that help you to retain key talent. Preparing for Stay Interviews Stay interviews ask employees to assess what they like and dislike about working for their organization. But if employees...

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