Let’s Talk - Business.. continued from page 9


expect a startup company with little capital to get people to give up job security and work themselves crazy? In any case, it makes everyone an owner.


Open door policy. When an employee can walk right into the CEO’s office or, better still, his or her cubicle, that says a lot about how bosses feel about workers. It may sound like a small thing, but it’s not. It’s a big thing. So, what’s the gap between the bosses and the little people like in your industry? And what’s your advice for bridging it?


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About the Author: Steve Tobak is a consultant, writer, and former senior executive with more than 20 years of experience in the technology industry. He’s the managing partner of Invisor Consulting, a Silicon Valley-based firm that provides strategic consulting, executive coaching, and speaking services to CEOs and management teams of small-to- mid-sized companies. Find out more at www.invisor.net Follow Steve on Twitter or Facebook.


Let’s Talk - Advocacy... continued from page 10


the amount of liquidated damages that may be awarded to an employee to twice the amount of wages unlawfully unpaid, plus interest.


Employment: Labor Standards: Consultation Unit. Legislation has been introduced that would establish a Labor Standards Consultation Unit for providing consulting services to an employer or employee regarding compliance with labor standards. A recovery fee would be charged, and would not exceed the cost of providing the service. If an employer requested the service and remedied any outstanding issue(s) within 30 days, the state would be prohibited from levying a citation for a labor standard, order, or regulation violation.


Employment: Flexible Work Schedules. This proposal would permit a nonexempt employee to request a flexible work schedule to permit working up to 10 hours per day within a 40-hour work week without obligation to pay overtime compensation.


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diagnosis or prognosis. Once protection under the ADA is established, an analysis of reasonable accommodations is in order.


Again, if the employee volunteers that the body odor is caused by a medical condition, it is permissible to ask them for a letter from their doctor or some other documentation to prove the medical condition is causing the B.O. If this happens, an no hopeful remedy is being offered, consulting an employment attorney may then be in order. Depending on the particular situation, you may or may not have to endure the situation, but under no circumstances should the problem be tolerated


if the employee is in contact with the public or with customers.


Another legal pitfall to avoid is mentioning cultural differences related to diet and suggesting diet changes. Such statements could foster discrimination claims under both federal and state law.


Ensure no harassment An important component in closing this issue is to avoid any co-worker teasing. Watch for ill treatment that may lead to ostracizing the worker that had the problem.


March 2011 CA Employer 25


Meal Periods. The meal period issue has been deliberated by the Legislature for several years. The areas of debate include whether it is sufficient to “provide” a meal period or whether an employer must “ensure” that an employee takes their meal period.


It is clear there are a number of legislative initiatives that can and will impact business and employers, both positively and negatively. Employers Group will be continually monitoring and reviewing amendments, changes to legislative proposals, committee deliberations, and negotiations in an effort to mitigate the overall negative impact to employers. It is absolutely critical that employers participate and engage in the legislative process in order to have your voices heard. Elected officials need to hear from you to understand first-hand the day to day burdens, both administrative and direct costs, of complying with regulations, implementing new programs, and most importantly, paying new taxes and fees.


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