Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

News Notes: “Veganism” Isn’t A Religion

Southern California Permanente Medical Group revoked Jerold Friedman’s computer-related employment offer after he refused a required mumps immunization because the vaccine was grown in a chicken embryo. Friedman sued for religious discrimination, claiming the employer conditioned his employment on something that violated his vegan religious belief that it was immoral to kill and exploit animals, […]

News Notes: Off-the-Job Drinking Linked To Workplace Injuries

A new U.C. Berkeley study concludes that employees who drink off the job are more likely to file workers’ comp claims. The research focused on San Francisco Municipal Railway drivers’ alcohol consumption, medical histories and workers’ compensation claims over a five-year period. In light of this finding, you may want to consider offering employee assistance […]

News Notes: Unauthorized Access To Employee’s Website Creates Legal Trouble

During collective bargaining negotiations with Hawaiian Airlines, pilot Robert Konop created a password-protected website containing statements critical of his employer and union. Konop sued Hawaiian after learning that a co-worker, who had been authorized to access the website, shared his password with Hawaiian’s vice president, who in turn shared information from the website with an […]

News Bulletin: Government Hunting Down Late Form 5500 Filers

The federal Department of Labor and the Internal Revenue Service have announced that they’re tracking down delinquent filers of Form 5500, which is required to be filed annually for benefit plans. And in December 2002, the agencies plan to begin sending out letters of inquiry to delinquent filers. Penalties for late filing can be steep, […]

News Bulletin: Flurry of Post-9/11 Bias Lawsuits

The federal Equal Employment Opportunity Commission has filed several new lawsuits arising out of post-9/11 backlash in the workplace. In one case, the agency has sued Alamo Rental Car on behalf of a Muslim employee who was denied a workplace accommodation to wear a headscarf during the holy month of Ramadan in December 2001. Another […]

E-Alert Item: Court Says Employer Erred When It Unilaterally Discontinued Dues Check-Off Provision

When a collective bargaining agreement expires, and the union and management haven’t negotiated a new one, an employer must maintain the status quo. This means the employer can’t impose unilateral changes on issues that are considered “mandatory subjects of bargaining,” until a new contract is negotiated or the parties have bargained to impasse. Applying this […]

E-Alert Item: DOL Finds Sun Microsystems Violated H-1B Posting Requirements

The federal Department of Labor has found that Sun Microsystems in Santa Clara failed to comply with a rule requiring posting notices regarding hiring workers under the H-1B visa program. The DOL has now ordered Sun to display the notices, but hasn’t assessed any penalties or fines because it found that the posting violations weren’t […]

E-Alert Item: Ninth Circuit Says Biased Acts From Long Ago Can Support Lawsuit

Several African-American employees at the Naval Aviation Depot North Island in San Diego sued their employer, claiming that African-American employees at the NADNI were denied promotions over a several-year period. The Ninth Circuit said the employees couldn’t sue over many of the promotions because the employees had failed to file complaints about those promotions within […]

E-Alert Item: Intel Sued For Back Overtime By Worker Who Claims She Wasn’t Exempt

Melissa O’Harra, an Intel employee in Folsom, has filed a class action lawsuit claiming the company misclassified her and more than 3,500 other employees as exempt from overtime. O’Harra has worked for Intel for three years in various positions, including as a business analyst and systems analyst, and in team and project lead positions. However, […]

E-Alert Item: U.S. Supreme Court To Consider Whether Employees’ Fear Of Asbestosis Creates Claim For Damages

The nation’s high court has heard arguments in a case that questions whether railroad employees with the lung disease asbestosis can sue their employer for damages based on a fear of developing cancer from exposure to asbestos—even if the employees don’t have cancer or any symptoms of it. The lawsuit was brought by six retired […]