Posts Tagged ‘employer best practices’
THE DEVIL IS IN THE DETAILS: EMPLOYMENT CLASS ACTION SUITS CAN HINGE ON A COURT’S CHOICE OF DEFINITIONS
U.S. Supreme Court Turns to History and Webster’s Dictionary to Defeat a Class Action Against U.S. Steel A minimal underpayment of wages to a single worker can morph into a claim potentially worth millions if magnified across a “class” of many workers subject to the same alleged employment practices. Targeting larger employers, such “class action” […]
EMPLOYER WINS BATTLE BUT LOSES WAR
Company Ordered To Pay Worker’s $700,000 Attorney Bill United Parcel Service, Inc. (UPS) essentially “won” an age discrimination case when a California jury awarded an ex-employee only $27,280 in damages. That relative victory was short-lived, erased by the trial judge awarding the worker $700,000 for her attorney fees. The appeals court recently upheld this decision. […]
A CALIFORNIA EMPLOYER’S GUIDE TO NEW LAWS 2014: MILITARY AND VETERAN STATUS
Protected Against Workplace Discrimination, Harassment Beginning on January 1, 2014, California’s Fair Employment and Housing Act (FEHA) will protect an individual’s “military and veteran status” against employment discrimination and harassment. This new FEHA provision defines military and veteran status as “a member or veteran of the United States Armed Forces, United States Armed Forces Reserve, […]
CALIFORNIA MINIMUM WAGE INCREASING
From $8.00 to $9.00/hour, July 2014 To $10.00/hour, January 2016 California’s $8.00/hour minimum wage will continue its pace as one of the highest in the nation; rising to $9.00/hour on July 1, 2014, and to $10.00/hour on January 1, 2016. In approving the recent legislation, Governor Brown stated, “This legislation is overdue and will help […]
ON-THE-JOB SHOPPING
California Employers Must Pay Wages and Mileage for “Off-Hours” Work-Related Tasks In response to our article “Travel Pay in California,” a California employer has asked how he should pay his employees for time spent and for their personal vehicle mileage incurred while shopping for company supplies. Compensation for All Hours Worked: Of course, an employer […]
EQUAL OPPORTUNITY REPORT DUE
Applies to Companies with 100 or More Employees All employers with 100 or more employees must profile the gender, race and job category of their workers by September 30th on the EEO-1 Report, addressed to the U.S. Equal Employment Opportunity Commission (EEOC) and the Office of Federal Contract Compliance Programs (OFCCP). The requirement stems from […]
EMPLOYMENT LIABILITY FOR WORKPLACE HARASSMENT
U.S. Supreme Court Decision Slims Down Super-Sized Supervisor Definition Under federal and California law, employer liability for workplace harassment can depend entirely on the legal definition of a “supervisor.” The U.S. Supreme Court has recently clarified that definition under Title VII of the Civil Rights Act of 1964 in Vance v. Ball State University (June […]
EMBARRASSING, DISRUPTIVE AND EXPENSIVE TO RESOLVE
Harassment in the Workplace is Illegal Prevention is The Only Viable Solution Current regulations tighten trainer qualifications and impose heightened interactivity requirements, including questions that assess learning, skill-building activities and numerous hypothetical scenarios about harassment with follow-up discussion questions. We are offering an updated in-house, two-plus hour seminar, at your location, that will fulfill these […]
FINAL PAYCHECK
What California Employers Must Pay Upon Termination A worker recently asked whether his now-former employer should have included sick time and vacation time in his final paycheck. He wrote: “I’m no longer working for [the employer] and I thought I was going to get my paid time off with my last check such as … […]
WHO IS AN “EMPLOYEE” UNDER CALIFORNIA’S ANTI-DISCRIMINATION LAW?
Some Volunteers May be Covered The California Court of Appeal has decided that the state’s workplace anti-discrimination law did not protect a former Los Angeles Police Department volunteer police reserve officer. Estrada v. City of Los Angeles, published July 24, 2013. However, the result would likely be the opposite for a private business in similar […]