Practical HR Tips, News & Advice. Updated Daily.
by Mark I. Schickman Many of my clients are looking for ways to redefine the working relationship away from the employee model. There are various motives for this: the desire to avoid employee liability, the hope to avoid paying taxes and benefits, and the goal to avoid “head count” (whatever that means). But the law […]
By Dinita L. James In the case of Collins v. Brewer, a federal judge from Alaska, deciding a case from Arizona, barred the state’s attempt to do away with benefits for same-sex domestic partners of state employees. Earlier this year, there was an argument on the case before a three-judge panel of the Ninth U.S. […]
Thursday, May 26, the U.S. Supreme Court upheld the Legal Arizona Workers Act (Act), an Arizona employment law that allows the state to sanction employers that knowingly or intentionally employ “unauthorized aliens.” The first provision of the Act punishes certain employers that hire unauthorized aliens by suspending or revoking their business licenses. The second provision […]
Let’s say you’re an employer that maintains unencrypted employee information on a laptop computer and the computer gets stolen. Could you be liable for the possible harm that could come to employees if their personal information were disclosed? In a recent decision, the Ninth U.S. Circuit Court of Appeals held that affected employees might have […]
Earlier this year, the U.S. Supreme Court unanimously ruled that the Ontario, California police department didn’t illegally invade an officer’s privacy when it reviewed the racy messages he sent and received via his department-issued pager. What does this mean for your policies?
A federal trial court in Nevada apparently couldn’t believe that a woman’s sexual overtures to a male coworker would ever be unwelcome and rejected the Equal Employment Opportunity Commission’s (EEOC) attempt to file a harassment suit on his behalf. But in a recent decision, the Ninth U.S. Circuit Court of Appeals (which covers Alaska, Arizona, […]
Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]
By Nancy Williams Last April, the Ninth U.S. Circuit Court of Appeals gave the green light to a nationwide sex discrimination class action against Wal-Mart Stores, Inc., the nation’s largest employer. Unwilling to permit the suit to proceed without a further challenge, Wal-Mart has now petitioned the U.S. Supreme Court to revisit the class certification […]
by Chris McFadden Under the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing uniforms if they are required to do so at work. A recent ruling by the Ninth U.S. Circuit Court of Appeals addresses the compensability of time spent donning and doffing uniforms and gear […]
In 2005, the California Supreme Court ruled that, under state law, individual managers and corporate officers couldn’t be held personally liable for unpaid wage claims. In other words, only the company could be forced to pay back wages. This was an important victory for California employers (Find out more on the 2005 case). But the […]