Practical HR Tips, News & Advice. Updated Daily.
The Department of Labor recently issued final changes to the white-collar overtime exemption rules under the Fair Labor Standards Act (FLSA). The new regulations take effect Aug. 23, 2004.
Under the U.S. Supreme Court’s 1975 Weingarten rule, employees have the right to have a union representative present at any investigatory meeting they reasonably believe could result in disciplinary action. In a 2001 case, the National Labor Relations Board (NLRB) further clarified employees’ Weingarten rights by ruling that employees have the right to a representative […]
As we reported last month, the Equal Employment Opportunity Commission (EEOC) is tackling a vexing problem that’s a sign of the times—defining who, among all those who contact you over the Internet or via other electronic technology about work, is a true job applicant for purposes of complying with your federal recordkeeping requirements. The EEOC, […]
Summer is near, and with it comes additional workplace hazards, especially for employees who work outdoors in the California sun. High heat and bright sun create special risks—including heat exhaustion, heat stroke, and sun-related skin damage—for outdoor workers. Certain insect-borne illnesses such as Lyme disease and West Nile virus are more prevalent in the summer […]
Nearly two years ago, we began reporting on a lawsuit involving Hughes Missile Systems’ decision not to rehire an employee terminated for reporting to work under the influence. The question of whether the decision violated the Americans with Disabilities Act (ADA) went to the U.S. Supreme Court, which sent the case back to the Ninth […]
When courts evaluate harassment claims, they take into account that work environments differ. But in a new case, a California appellate court has said a defense that sexual banter was necessary to the employer’s creative process won’t keep the employer from facing a jury.
The California Assembly has approved a bill, A.B. 2317, that would hike the penalties for employers who violate the state’s prohibition against gender bias in pay for employees who perform jobs of equal skill, effort, and responsibility. Under the current law, employees who suffer pay discrimination can sue to recover the wage differential plus an […]
The Equal Employment Opportunity Commission has approved a rule that would allow employers to reduce or cut retiree health benefits once a retiree becomes eligible for Medicare or a comparable state-sponsored health benefit—without violating the Age Discrimination in Employment Act. According to the U.S. General Accounting Office, 10 million retired employees age 55 and over […]
The U.S. Supreme Court has clarified that employees have four years rather than two to file bias claims under the Civil Rights Act of 1866, 42 U.S.C. Section 1981, which prohibits race bias in employment relationships. The decision makes it easier for employees to file such claims. The case involved a group of African-American […]
A federal appeals court recently ruled that the National Labor Relations Act’s (NLRA) prohibitions against unfair labor practices don’t apply to employees of a U.S.-based company while on temporary assignment outside the country. The case arose after two employees were terminated, allegedly for complaining about work conditions they encountered on temporary assignment in Ottawa. […]