Practical HR Tips, News & Advice. Updated Daily.
An IRS audit claiming you misclassified workers as independent contractors rather than employees can be frustrating and expensive to resolve. But recent changes in IRS procedures for handling independent contractor classification problems may take some of the sting out of dealing with the government. New Rules For Independent Contractor Disputes Under the prior rules, if […]
If an employee tells you that a religious belief prohibits them from working on certain times or days, you usually must try to accommodate the person unless it would be an undue hardship. But what if your workers’ schedules are set by a seniority system? Do you still have to make a special accommodation for […]
The Pension Benefit Guaranty Corporation has published a new guide to assist workers in understanding how defined benefit pension plans operate and the rights and options of plan participants. “A Predictable, Secure Pension for Life: Defined Benefit Pensions” is available by calling (888) 878-3256 or on the Internet at www.pbgc.gov. Also, a new Department of Labor […]
The Worker Adjustment and Retraining Notification Act (WARN) requires employers with 100 or more employees to give workers at least 60 days’ written notice of a pending mass layoff or plant shutdown. Instead of giving notice, you can pay workers for the 60-day period. Now, the Ninth Circuit Court of Appeal, which covers California, has […]
Undercover testers-individuals who apply for jobs solely to scope out hiring bias-continue to cause trouble for some employers. The owner of five San Francisco McDonald’s franchises is the latest lawsuit target. Several African-American job seekers were allegedly told that no positions were available or were told to apply in a “ghetto” neighborhood. Others were flatly […]
Employers frequently insert confidentiality provisions into termination and settlement agreements to prevent others from learning the details of the arrangement or other sensitive information about the company. And once an employee signs such an agreement, you may think that’s the last you’ll hear of it. But a recent U.S. Supreme Court decision shows that nothing […]
You may think an employee who hands in their resignation can’t hold you legally responsible for their decision to quit. But a worker who claims their working conditions were intolerable can try to turn a resignation into a lawsuit for “constructive discharge.” As a new ruling involving sexual orientation bias demonstrates, you can avoid being […]
To defend yourself against a lawsuit by an employee terminated for sexual harassment or other misconduct, it’s essential to thoroughly investigate the accuser’s complaint, as the accompanying story illustrates. Here are the key steps Lucky Stores took which led the court to find it had acted properly before discharging the employee accused of harassment:
As employers are finding out all too often, getting tough and firing employees who harass other workers can bring on another big headache-a wrongful termination lawsuit. Although the California Supreme Court addressed this troublesome issue earlier this year, it’s been unclear exactly what steps you should take to protect yourself from being sued by an […]
If you require employees to attend training or other meetings off-site, do you have to pay them for the extra time it takes them to get there? The answer is not always, at least if you’re a public employer. We’ll focus on a new case addressing this issue and then look at common travel time […]