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.

Personal Liability Of Supervisors: California Supreme Court Limits Risk For Discrimination Claims

Clarifying an issue that has long divided lower courts of appeal, the California Supreme Court has ruled that only employers-not individual managers and supervisors-can be forced to pay damages for workplace discrimination claims arising out of routine employment decisions. But supervisors are still at risk for huge damages in cases involving harassment and retaliation-and possibly […]

News Notes: Employee Can Sue Despite Pre-Hire Warning About Co-workers’ Harassing Behavior

Warning a new employee that coworkers might behave offensively won’t get you off the hook for being sued for harassment. When Larhonda Williams interviewed for a receptionist position with Snyder Roofing and Sheet Metal, the company told her she would be exposed to coarse language on the job, and she said she could handle it. […]

News Notes: Survey Flags Hot New Employee Benefit Choices

A recent survey of employers by the human resources consulting firm Hewitt Associates indicates that employees are increasingly interested in non-traditional and flexible benefits that they can pick and choose to suit their particular needs, including retirement and work/family concerns. And employers, to stay competitive in attracting the best talent, are planning to make more […]

News Notes: COBRA Can’t Be Denied Because Employee Has Other Coverage

The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]

Retaliation Claims: EEOC Issues New Guidelines Explaining Employee Rights And Your Obligations

It’s no surprise to many employers that discrimination claims have been on the rise over the past several years. But related lawsuits for retaliating against employees who lodge these complaints are also booming. From 1991 to 1997, the number of retaliation charges filed each year with the Equal Employment Opportunity Commission skyrocketed by almost 130%. […]

Terminating Older Workers: New Regulations Clarify Rules For Waivers Of Age Bias Claims; Do Your Releases Pass The Test?

When you ask an employee 40 years old or over to sign a severance agreement that includes a release of potential age discrimination claims, there’s an array of strict requirements that must be met. For many employers, figuring out how to comply with these rules has been confusing-especially in cases of downsizing through group terminations […]

Overtime Claims: Overtime Misclassification Class-Action Suits Not Letting Up–Who’s The Latest Target; Plus A 6-Point Compliance Checklist

The nation’s largest privately held car rental company is the newest casualty in a growing list of high pro- file employers sued for misclassifying workers as managers. Management assistants for Enterprise Rent-A-Car recently filed a class-action lawsuit claiming they’re owed unpaid overtime because they were improperly treated as managerial employees exempt from the overtime laws.Claims […]

Exempt Employees: New Ruling Clarifies When Outside Sales Staff Don’t Have To Be Paid Overtime

As a general rule, you’re not required to pay overtime to employees who spend most of their time making sales away from your regular place of business. But figuring out which outside sales personnel are really exempt from the overtime laws isn’t always easy, especially because many employees perform a mix of sales and non-sales […]

Wage Setoffs: Employer Sued For Firing Worker Who Objected To Paycheck Deduction; When You Can And Can’t Dock Wages

If an employee breaks or loses a valuable piece of equipment, or a worker owes you money from a loan, you may be tempted to make a deduction from the person’s next paycheck. But you need to act cautiously because there are strict rules governing exactly when you can and can’t take money out of […]

News Notes: Jury Rules For Employer Who Fired Older Worker

An employer who discharged an older employee because she lacked modern computer skills was not guilty of illegal age discrimination, according to a Sacramento jury. Janet Davis, 49, worked in the accounting department of Yamas Control, Inc. Davis contended she was doing her job satisfactorily and had received several raises and favorable performance reviews. So […]