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: Back Wages Are Taxable In The Year Paid

In an appeal by the Cleveland Indians baseball team, the U.S. Supreme Court has ruled that back wages are subject to federal Social Security and unemployment taxes in the year they are paid, rather than in the year they were earned. The dispute arose out of a settlement of grievances asserted by major league baseball […]

News Notes: Study Reveals Why Many Small Employers Don’t Offer Health Insurance

Some common misconceptions keep small employers from offering health benefits to their employees, according to a recent study by the UCLA/UC Berkeley Health Insurance Policy Program. The study revealed that 38 percent of California employers with 10 to 50 employees don’t offer coverage. The reasons why include these erroneous perceptions: it’s too expensive; it doesn’t […]

Drugs And Alcohol: Court Upholds Termination Of Alcoholic Employee Who Missed Work While In Jail; How To Manage Workers With Substance-Abuse Problems

Karen Brown, a Lucky Stores Inc. supermarket checker, was arrested for drunk driving, possession of methamphetamines and being under the influence of illegal drugs. She missed two work shifts because she was in jail. The court then ordered her to enter a 90-day round-the-clock drug treatment program the next day, forcing her to miss a […]

Sexual Harassment: Supreme Court Says Single Crude Remark Didn’t Amount To Harassment; Practical Advice

The U.S. Supreme Court has handed down a new ruling that provides some guidance on when a single remark can amount to sexual harassment. The court also looked at when the timing of a punitive action against a complaining employee does and doesn’t support a retaliation claim. As we’ll explain, the decision suggests that your […]

Employee Lawsuits: Workers’ Comp Release Barred Sexual Harassment Claim; 4 Tips You Can Use

Mary Jefferson, a teacher’s assistant for the California Youth Authority (CYA), said that a CYA teacher and his students regularly used derogatory language when referring to women, such as “bitch,” “whore” and “slut.” Jefferson filed a workers’ compensation claim, contending that she suffered work-related stress from a sexually hostile work environment. Jefferson also filed a […]

Wage And Hour: Employer Takes Big Hit For Not Paying Overtime To On-Call Workers; Practical Pointers

If you use on-call employees, it’s important to understand when you have to pay for their on-call time. In a recent case, an employer failed to properly compensate its on-call workers and was clobbered with a steep bill for two years of back overtime. We’ll provide guidance to help you determine when you must pay […]

Employment At Will: Court Says Supervisor’s Oral Assurances Didn’t Supersede Signed At-Will Agreement; Review Your Policies

During the 12 years Charles Starzynski was a program director for Capital Public Radio Inc. in Sacramento, his supervisor, Paul Corriveau, orally assured him his employment could only be terminated for good cause. Then Starzynski was asked to sign an at-will contract. It stated that his employment was at will and could be terminated at […]

Employee Benefits: Employer Pays More Than $28 Million To Settle Claim That It Improperly Valued ESOP Shares; Precautions To Take

A new threat facing employers is an increase in complex and costly litigation over the handling of employee benefit plans. The potential liability can be substantial, as Occidental Petroleum recently discovered when it agreed to pay $25 million, plus another $3.5 million in attorneys’ fees and expenses, to settle such a dispute. The class action […]

Age Discrimination: Requiring EKG For Older Applicants Deemed Illegal Age Bias; Guidelines For Applicant Exams

Jack Epter, a New York City Transit Authority clerk, applied for a promotion to station supervisor. Because the job was physically demanding, the Transit Authority required applicants to pass a physical exam. Applicants over 40 years old also had to undergo an EKG, something younger applicants had to do only if their physical exam or […]