Archive for the ‘Discrimination, Harassment & Retaliation’ Category
NEW CA LABOR LAWS 2013 PREGNANCY DISABILITY LEAVE REGULATIONS
Starting December 30, 2012, California employers are responsible for implementing new regulations on the state’s Pregnancy Disability Leave (PDL) law. Among the significant changes are: – Definition of “Four Months” Entitlement – PDL is part of California’s Fair Employment and Housing Act (FEHA) , requiring employers with five or more employees to provide up to […]
NEW LABOR LAWS 2013 SLAVERY AND HUMAN TRAFFICKING NOTICE REQUIRED FOR SOME BUSINESSES
Effective January 1, 2013, a new California law, Civil Code section 52.6, requires specified businesses and other establishments to conspicuously post a notice guiding the public to report suspected slavery and human trafficking. The places affected include: – Restaurants – Urgent care and emergency room facilities – Privately operated job recruitment centers – Commercial airports, […]
AGE DISCRIMINATION IN EMPLOYMENT
EEOC Supplies New Rules that May Limit Claims A business subject to the federal Age Discrimination in Employment Act (ADEA) (those with 20 or more persons on payroll) must ensure it terminates, disciplines or denies benefits to any “older” employee (40 years or more) on “reasonable factors other than age ” (RFOA). Workplace discrimination claims […]
USING CRIMINAL RECORDS IN JOB SCREENING
Recent Federal Guidelines on Preventing Discrimination It is nearly a given that employers will ask for an applicant’s criminal conviction record in the hiring process. However, past guilt for a crime is not always a legitimate factor in the employment decision. For example, a conviction for a decades-old traffic offense might well be irrelevant on […]
EMPLOYEE THEFT PREVENTION AND HANDLING
Proceed with Good Judgment The best handling for workplace theft is to prevent it in the first place. Suspected or alleged employee thievery – and an employer’s twin obligations to protect the group against an actual thief and to protect the accused from false charges — is a delicate challenge. A company’s much more straightforward […]
CONSTRUCTIVE DISCHARGE AND WRONGFUL TERMINATION
Employers Should Curb Workplace Verbal Battles An employer is not only liable for actually terminating a worker on the basis of race, gender, national origin and other protected classifications. A worker may also have a claim if the employer “unlawfully constructively discharged” that person (also known as “unlawful (or wrongful or illegal) constructive termination” or […]
TOP NEW CALIFORNIA EMPLOYMENT LAWS FOR 2012
Over the past several months, we have been alerting our readers to important California labor laws new in 2012. Here’s a summary: California’s Wage Theft Prevention Act; Employers Must Supply an Additional Detailed Written Notice to Most New Hires: In addition to existing written notification requirements (including rights to equal employment opportunity, minimum wage and […]
SOCIAL MEDIA POLICIES IN THE WORKPLACE
How Far Can Employers Go to Curb Use by Employees? An employer’s ability to legitimately discipline or terminate workers who use Facebook, Twitter and other social media to tee-off on allegedly improper work conditions or practices is likely to remain a hotly contested issue for years to come. The National Labor Relations Board (NLRB) is […]
RELIGIOUS INSTITUTIONS AND EMPLOYMENT DISCRIMINATION
U.S. Supreme Court Rules Ministers May Not Sue The U.S. Supreme Court has issued its first decision on the “ministerial exception” to workplace discrimination laws, Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (January 11, 2012). In a unanimous ruling, the Court found that while certain laws authorize workers to sue their […]
WORKPLACE MIAS
Termination for Absence or Lateness As “at-will” status permits either the employer or the employee to freely end the relationship even with no advance notice and for no reason at all, obviously a business can legitimately terminate an “at-will” worker for not showing up or for being late. However, there are some practical considerations. Normally, […]