Many workers in California and across the United States have legal protections under the Family and Medical Leave Act of 1993. This federal legislation, which was signed into law by then-President Bill Clinton, was crafted to give certain workers the right to job-protected, unpaid leave, should a qualifying emergency situation arise. In this post, our experienced San Jose employment law attorneys explain some of the key points that covered Bay Area employers need to know about this law.
In May of 2016, President Obama and the Department of Labor (DOL) announced new FLSA overtime rules. At the time of the announcement, these rules were set to go into effect on December 1st, 2016. However, there was immediate controversy regarding this DOL regulation. Indeed, several states filed lawsuits against the agency seeking to block the implement of the new overtime regulations. The legal argument was that the DOL exceeded its legal authority in promulgating these regulations.
Unpaid internships have historically been a way for students or recent graduates to gain valuable experience with the possibility of future employment. In the United States, two-thirds of students have completed at least one internship before they graduate from college and nearly half of all internships in the country are unpaid. However, unpaid internships have recently become more controversial following several lawsuits claiming that such programs constitute a violation of state and federal wage laws. While most of these lawsuits have involved the use of unpaid interns in the entertainment, media, and fashion industries, some private-sector businesses have decided that having interns is simply not worth the risk.
While the inner workings of your company's human resources staff may seem a mystery even to management, in fact, a properly-functioning HR department serves an essential role in any well-run organization. As federal and California employment law grows increasingly complex, effective HR managers can help keep your business out of legal hot water with the variety of federal and state organizations that oversee the workplace. So what does human resources do? Its functions can roughly be broken down into three categories: human, administrative and strategic.