Blog
DISABILITY AND LEAVE OF ABSENCE POLICIES
Keeping Up with Changing Employment Laws A recent California Employer Daily article touches on an important employment law subject — the unanticipated pitfalls HR managers and employers face, including from the shifts and refinements in the state and federal leave laws. Key leave laws—the federal Family and Medical Leave Act (FMLA) and the California Family […]
WORKPLACE AGE DISCRIMINATION LAWS PROTECT “OLD PEOPLE” ONLY
How Old is Legally “Old”? While many might recognize that business cannot use “age” as a criterion for employment decisions, including hiring, promotion, discipline or termination, the federal and California protections actually only apply to persons “of a certain age.” Workers under 40, the relatively “young,” do not have such rights. Employees aged 40 or […]
PRE-EMPLOYMENT TESTING
Inquiries are Limited to Job-Related Skills and Qualities While a manager’s “gut instinct” might work when choosing which candidate to hire, it might not. Employing an individual who makes a seemingly great first impression in an interview but who turns out to be a dud or hell-on-wheels once in the stress of the working environment […]
NO PROTECTION FROM WORKERS’ COMPENSATION REQUIREMENTS
California Employers Must Carry On-the-Job Injury Insurance California businesses must carry workers’ compensation insurance for every employee, even just one. Group or personal health insurance is not a substitute. Workers’ compensation is oldest social insurance program in the U.S., adopted by most states in early part of the 20th century. The coverage is intended to […]
CAT’S PAW BURNS EMPLOYERS
A Workplace Lesson on Confirming Grounds for Termination A hospital lab technician and army reservist sued his employer claiming two of his supervisors openly discriminated against him because of his military status and duties. The federal Uniformed Services Employment and Reemployment Rights Act (USERRA) requires employers to treat military veterans fairly, prohibiting terminations and other […]
EMPLOYEE MILITARY LEAVE
Re-Employment and Pay Requirements for Returning Service Members Soldiers returning from active duty to civilian life are protected by a number of federal and state laws. This includes reservists and National Guard members. Under the federal Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), it is unlawful for an employer to deny initial […]
SAY “ADAAAAHHH” – MORE PEOPLE TO BE PROTECTED UNDER FEDERAL WORKPLACE DISABILITY LAWS
The Equal Employment Opportunity Commission (EEOC) has issued its final rule, effective May 24, 2011, implementing the Americans with Disabilities Act Amendments Act of 2008 (ADAAA). The agency’s directive seeks to cement the ADAAA’s expanded scope of workers protected against disability discrimination. The original ADA (1990) defines “disability” as: a) a physical or mental impairment […]
THE PERILS OF HIRING SUMMER INTERNS
No Free Ride for Employers Who Ignore the Rules With an economy continuing to sputter, a company may be more keen to take on unpaid summer interns to share the workload. Yet, if a business fails to fulfill detailed laws and regulations for such training programs, this supposed “cost-cutting” measure could become an expensive litigation […]
NATIONAL ORIGIN DISCRIMINATION
Best Practices for Fair and Equal Employment In our richly diverse society, it is perhaps no surprise that national origin workplace discrimination claims have been increasing steadily across the country since 2001. It is unlawful for business to make a significant employment decision – e.g. hiring, advancing, demoting, or firing – based on a worker’s […]
FAIR AND BALANCE – HARASSMENT AND DISCRIMINATION WORKPLACE INVESTIGATIONS
A strong policy prohibiting harassment and discrimination is worth little if an investigation over a complaint is badly handled. Among the important rules: Don’t Delay – Failing to start or complete an investigation promptly creates a potential claim that the company condoned the alleged misconduct, thus increasing the risk of a legal claim; Ensure no […]