Practical HR Tips, News & Advice. Updated Daily.
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.
Responding to a surge of discrimination complaints from employees of Middle-Eastern descent following the events of Sept. 11, the U.S. Equal Employment Opportunity Commission has released two new fact sheets to answer questions about the employment of Muslims, Arabs, South Asians and Sikhs. One fact sheet is geared toward employers, the other for employees. The […]
The federal Department of Labor has proposed extensive changes to the process for filing a Labor Condition Application (LCA) to employ a foreign worker. The agency says that the new rules would speed up application processing, but HR professionals and immigration attorneys are less optimistic, predicting that the proposal could radically limit the situations in […]
Over the past several years, many employers have been blind-sided by big class action lawsuits claiming employees were misclassified as exempt from overtime and owed millions—sometimes tens of millions—in back pay. Employers who have been hit include Taco Bell, Farmers Insurance Exchange, Mervyn’s California, U-Haul International Inc., Ross Dress For Less and Rent-A-Center. But a […]
An employee who takes family and medical leave is generally entitled to return to the same job or an equivalent one at the end of the leave. But if you downsize while the employee is on leave, is this person’s job protected? A new California Court of Appeal case looks at this question—and how your […]
Suppose an employee sues one of your clients or customers. Then, when you insist that the employee drop the lawsuit because it’s bad for your business, the employee refuses. Can an employee fired in this situation sue you for wrongful termination? In a new case, a California appeals court said a hospital-employer was within its […]
John Strahan, a sergeant for the Washoe County, Nev., Sheriff’s Department, was a member of a motorcycle club called Blind Justice. He allegedly attended motorcycle events, wore Hell’s Angels T-shirts and hung out with other bikers, including some who were convicted felons. When Strahan was demoted to deputy sheriff, he filed a lawsuit contending he […]
The federal Ninth Circuit Court of Appeals recently tossed out a mandatory arbitration agreement signed by a Circuit City employee because it was unduly lopsided in the employer’s favor (see CEA March 2002). But in another case involving identical arbitration provisions, the court has ruled that employee Mohammad Sharfuddin Ahmed was required to arbitrate his […]
After Terence Allen, a Hawaii Department of Corrections physician, publicly disclosed the alleged mistreatment of inmates, he was investigated by the internal affairs division, denied a promotion and locked out of the facility. The federal Ninth Circuit Court of Appeals has now ruled that the department retaliated against him for exercising his free speech rights. […]
California overtime pay rules don’t apply to unionized employees if the union contract sets premium overtime rates as well as a regular hourly rate that’s at least 30% over the minimum wage. Examining an older version of this exemption, a California Court of Appeal explained that it permits an employer and union to negotiate how […]
Recent changes to affirmative action program rules permit government contractors to organize plans based around their functional or business units, rather than based solely on an establishment’s location. The Office of Federal Contract Compliance Programs has now issued guidelines for contractor requests to submit a “functional” affirmative action plan, or FAAP, including whether the functional […]