Federal Human Resource Laws and Objectives

October 14th, 2008

Human Resource Laws and brief summary of policy (listed in chronological order)

1935 Social Security Act: Payroll taxes withheld from workers’ paychecks to fund retirement benefits, disability and unemployment insurance.

1935 Wagner Act: Legalized labor unions and established the National Labor Relations Board

1938 Fair Labor Standards Act: Established minimum wage and overtime pay and child labor rules

1947 Taft-Hartley Act: Provided some protections fro employers and limited union power; permitted states to enact right-to-work laws Read the rest of this entry »

California Employers Need Only “Provide” not “Ensure” Meal and Rest Breaks

September 30th, 2008

In 2008 the California Court of Appeals issued its decision in one of the most important areas of human resources management both for California employers and employees. In Brinker v. Superior Court the Court analyzed what California Labor Code § 512 means when it requires an employer to “provide” meal and rest periods for non-exempt employees. Read the rest of this entry »

Text Message Privacy: Employee Text Messages Shielded from Employer Review

September 30th, 2008

If an employer issues a cellular phone, iPhone, Blackberry or pager to an employee, does the employer have the right to search text messages sent to or from the device? According to a recent decision by a federal appeals court, the answer appears to be a qualified “yes” but only if the employer consistently follows a formal company policy that clearly authorizes such search. The case is of particular interest in that it highlights the pitfalls for employers that monitor such communications, but also suggests ways that employers can protect themselves from liability in such situations. Read the rest of this entry »

Voice Mail, E-Mail, Cell Phones, Personal Digital Assistants, Cameras and Computer Files

September 30th, 2008

Employer-provided technology and equipment, voice mail, E-mail, and computers which are to be used for Employer’s business purposes only, and may not be used for personal matters. These systems are maintained by the Employer in order to facilitate Employer’s business. Therefore, all messages sent, received, composed and/or stored on these systems are the sole property of the Employer. Read the rest of this entry »