Archive for the ‘Discrimination, Harassment & Retaliation’ Category
CAN’T WE ALL JUST GET ALONG?
Political Speech and the Workplace California employers must not discriminate against workers based on political activities, affiliations or speech. Particularly during an election season, employers should re-familiarize themselves with these laws: California Labor Code section 1101 bans employers from making, adopting or enforcing any rules or policies that: (i) forbid or prevent employees from engaging […]
CAUTIONARY TALES EPISODE 20
EEOC Sues California Grocery Store for Disability Discrimination On September 28, 2018 the Equal Employment Opportunity Commission (EEOC) announced it has filed a law suit against Central California grocery store, PAQ, Inc. dba Rancho San Miguel Market for alleged violations of the federal Americans with Disabilities Act (ADA). The agency contends that in 2016, a […]
BIG BIZ BROTHER
Electronic Surveillance in the Workplace Many California businesses install on-premises video surveillance equipment to improve operations through the security of premises. Electronic surveillance can deter, prevent or help resolve theft, physically threatening incidents or other dangerous conditions or situations. Under California’s state constitution, all persons are entitled to a reasonable expectation of privacy from government […]
WHAT’S THAT AGAIN?
Hearing Disabled Applicants Deserve Equal Consideration The federal Americans with Disabilities Act (ADA) and California’s Fair Employment and Housing Act (FEHA) prohibit discrimination against persons with disabilities. An employer may not refuse to hire an otherwise qualified person because of a disability unless it is an insurmountable impediment to performing the job in question. On […]
RESUMES GONE WILD
How Not to Make a First Impression Human resources professionals have limited time and attention to review job resumes. According to an August 24, 2018 nationwide CareerBuilder survey of more than 1,100 industry-wide hiring managers and HR professionals, the majority spend less than a minute looking over the typical offering. According to the survey, job-seekers […]
BEGINNERS IN THE WORKPLACE
HERE GOES NOTHING How to Pass the Unpaid Intern Test In today’s tight labor market, employers may be tempted to offer unpaid internships to high school or college students. Before doing so, employers should carefully evaluate whether such interns legitimately qualify as unpaid. The U.S. Department of Labor (DOL) and the California Division of Labor […]
BACKGROUND CHECK GROUND RULES
Employers and Background Check Companies Must Distribute New Model “Summary of Rights” Form Employers are already tightly regulated on obtaining an applicant’s or employee’s credit information. Companies may only seek consumer credit reporting agency disclosure on credit-worthiness, credit standing or credit capacity in connection with ● specified job positions including managerial executives, ● jobs involving […]
DADS ARE PEOPLE TOO
EEOC Settles Male Gender Discrimination Case For $1.1 Million The U.S. Equal Employment Opportunity Commission (EEOC) has announced the $1.1 million resolution of its class action lawsuit against world-leading cosmetic company Estée Lauder. The government alleged Estée Lauder discriminated against a class of 210 new fathers under its paid parental leave policy. Although no federal […]
STICK TO THE SCHEDULE
Keeping Employee Tardiness and Absences to a Minimum It would seem unnecessary to have a written policy requiring workers to show up in order to keep their jobs and be paid. Yet employers often experience problems with no shows and tardiness, so it’s best to issue clear written directives mandating attendance, laying out work hours and […]
EVERY MINUTE COUNTS
Employers Must Pay for All Minutes Worked Before and After Shifts Employers who require workers to perform short tasks before or after clocking out for their shift will now need to rethink this practice, even if it takes only an extra minute or so per day to boot up or turn off a computer and […]