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: Workers Lose Wage-and-Hour Retaliation Lawsuit

Six former ticket sales employees of the Seattle SuperSonics won more than $13 million in damages last year after being fired for complaining about overtime violations and retaliation. But now, the Ninth Circuit Court of Appeal, which covers California, has thrown out the retaliation claims. The court said the workers could not sue for retaliation […]

News Notes: Delayed Harassment Claim Thrown Out

In one of the first sexual harassment decisions in California since the U.S. Supreme Court issued new guidelines this summer (see CEA August 1998), an employee who waited almost two years before complaining about being harassed has had her case dismissed. The federal court found the employer had exercised reasonable care to prevent and remedy […]

News Notes: Court Nixes Rehab Benefits For Undocumented Worker

An undocumented employee who was injured on the job has had her request for rehabilitation benefits thrown out by the California Court of Appeal. Margalese Ortega-Ruiz injured her back while working at a Jack-in-the-Box restaurant in Santa Monica. After she filed a workers’ comp claim and requested vocational rehabilitation benefits, the restaurant discovered she wasn’t […]

Managing The Workplace: Court Clarifies When You’re Protected From Being Personally Sued For Termination Decisions

If an employee is “at-will,” it usually means you can discharge the person at any time for any lawful, non-discriminatory reason. But what if a manager is motivated by improper, though not illegal, personal concerns when recommending an employee be fired? In a new decision, the California Court of Appeal has ruled that as long […]

Employee Defamation Suits: Loose Lips And Sloppy Investigations Land Employers In Court

Workplace investigations have become a critical function of human resource managers. If an employee is accused of wrongdoing and you don’t conduct a prompt and thorough inquiry, you run the risk of being sued and hit with big damages for claims ranging from sexual harassment to wrongful termination. But as several recent cases show, conducting […]

News Notes: Ex-Worker Who Took Family Leave Sues For Refusal To Rehire

A former employee who claims his employer refused to rehire him becausehe took too much family leave can sue under the federal Family and MedicalLeave Act, according to a federal appellate court. Mark Duckworth had takena 52-day medical leave from his job at Pratt & Whitney, Inc., becauseof a punctured lung. When he was subsequently […]

News Notes: EEOC Backlog Reduced; Race Bias Charges Most Common

Although the Equal Employment Opportunity Commission (EEOC) has receivedan average of more than 85,000 charges a year since 1992, the agency recentlyannounced it has slashed its pending caseload by nearly half in the lastthree years, partly by offering more mediation-based alternative disputeresolution. Complaints of race discrimination top the list (36% of allcharges filed), followed by […]

Religious Discrimination: Ruling Examines Whether Seniority System Must Give Way To Accommodation Requests When Religious Attire And Dress Codes Clash

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 […]

News Notes: WARN Act Violation Requires Employers To Pay only For Workdays

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 […]

News Notes: Employers Sued By Testers For Hiring Discrimination

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 […]