Author: HR Daily Advisor Staff

News Notes: Telephone Company Will Pay $25 Million To Settle Pregnancy Discrimination Claims

Pacific Bell has agreed to pay $25 million to settle charges that it didn’t credit pregnancy leave toward an employee’s service when calculating retirement benefits. As many as 10,000 women who took leave before 1979, when Congress passed the federal law banning pregnancy discrimination, may share in the settlement. The class action suit was filed […]

News Notes: PepsiCo Hit With Reverse Discrimination Verdict By White Executive

A white female manager who charged that she was passed over for promotion in favor of an African-American man was awarded $2.6 million in damages. Patricia Steffes worked at PepsiCo for 24 years and claimed she had a long record of positive evaluations. When she complained about not getting promoted, the company allegedly retaliated by […]

News Notes: New Suits Challenge Overtime Classifications

Two lawsuits charge California employers with misclassifying workers as exempt from overtime requirements. In one case, Denny’s is accused of failing to pay overtime to 1,500 managers. The suit alleges Denny’s understaffed its restaurants, causing managers to spend more than half their time performing nonmanagerial tasks such as serving food. Denny’s says its compensation system […]

ADA Accommodations: “100% Healed” Return-To-Work Policies Ruled Illegal

If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]

Reassigning Disabled Employees: New Cases Highlight When You’re Obligated-And When You’re Not; A Road Map To Follow

What if an employee becomes disabled and there’s no reasonable accommodation that would enable the person to keep working in their existing position? In this relatively common situation, according to two recent Americans with Disabilities Act cases, you may have to find the worker a new job. We’ll look at these decisions and give you […]

Investigating Harassment Complaints: Sample Questions To Ask

The new EEOC guidelines on liability for harassment by supervisors emphasize the importance of thoroughly and impartially investigating harassment complaints. Your inquiry should include interviews of the victim, the alleged harasser and other witnesses who might have relevant information. The goal is to find out who was involved, what happened, and when, where and how […]

Sexual Harassment By Supervisors: New EEOC Guidelines On Employer Liability

The federal Equal Employment Opportunity Commission has released new guidelines interpreting and expanding on last year’s Supreme Court rulings on automatic employer liability for sexual harassment by supervisors. The new guidelines are a helpful benchmark for measuring whether your anti-harassment policies and practices make the grade.

Wage And Hour: Correcting Docking Mistakes Can Salvage Exempt Status

Even if you’ve correctly classified an employee as exempt from overtime, you can jeopardize the person’s status by improperly docking their pay or otherwise treating the worker as an hourly employee. And mistakes can be costly, requiring you to pay past and future overtime. But there is a little-known special provision in federal law that […]

Exempt Workers: How To Tell When You Have To Pay Overtime To Outside Sales Employees; New Decision Clarifies The Rules

After selling and delivering bottled water for more than three years, Peter Ramirez quit his job and sued his employer, Yosemite Water Company, for back overtime. His lawsuit, which went all the way to the California Supreme Court, highlights how difficult it can be to determine whether or not outside sales personnel qualify as exempt […]