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The U.S. Citizenship and Immigration Services (USCIS) has announced that the cap has been reached for H-2B work visas for the final six months of 2006. The H-2B visa program allows employers to request foreign workers to fill a one-time, peak-load, intermittent, or seasonal need for labor when no workers are available in the local […]
If an exempt employee damages or loses company-issued equipment, and you decide to dock the person’s salary to pay for the loss, you risk the employee’s exempt status. That’s the conclusion of a new opinion letter from the U.S. Department of Labor (DOL). The opinion was requested by an employer that issues cell phones and […]
Last year, a three-judge panel of the Ninth Circuit Court of Appeals, which covers California, ruled in favor of an employer that was accused of sex discrimination for requiring female employees only to wear makeup on the job (see the Feb. 2005 issue of the California Employer Advisor). The Ninth Circuit subsequently agreed to have […]
Under the Labor Management Reporting and Disclosure Act (LMRDA), private-sector employers that do business with a labor organization (or a trust in which a labor organization has a business) must make an annual disclosure of payments or loans to union officials, which includes a union or its officer, agent, shop steward, employee, or other representative. […]
According to new figures from ADP Employer Services 2005 Screening Index, employment background checks were up by 12 percent in 2005 over the previous year. ADP reports that it conducted 4.86 million background checks in 2005, compared to 4.3 million in 2004. Forty-nine percent of the 2005 checks revealed a data inconsistency in education, employment, […]
Last week, the U.S. Equal Employment Opportunity Commission (EEOC) announced that strengthening its nationwide approach to investigating and litigating systemic cases of discrimination is now an agency-wide top priority. According to the EEOC, systemic cases involve a “pattern or practice, policy and/or class cases where the alleged discrimination has a broad impact on an industry, […]
Suppose employees who must be in shape for their jobs play a game of pickup basketball to cut loose after work. They figure it’s a good way to stay fit for their physically demanding positions, and it is. But does that mean that if someone gets injured in the game, workers’ comp benefits will kick […]
It’s a sad situation that every employer must face at one time or another—the death of someone in an employee’s family. While there’s no law in California requiring private employers to provide bereavement leave in this situation, most employers do allow employees a few days off when an immediate family member dies, and sometimes the […]
A California appeals court has ruled that an employee who claimed he was the victim of workplace bias and violence can sue his employer under California Civil Code sections 51.7 (the Ralph Civil Rights Act) and 52.1 (Bane Civil Rights Act), which provide individual protections against discriminatory violence and denial of civil rights by means […]
According to a recent survey by consulting firm Watson Wyatt Worldwide, 15 percent of multinational companies operating in the United States already have a plan in place in the event of an avian flu outbreak. The survey of 90 multinational companies also found that 48 percent of companies operating in the United States are considering […]