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Not ‘Smoking Gun,’ But Almost as Bad
The worst-case scenario defending against discrimination claims is the “smoking gun.” (“Too old for this job” written on résumé .) In today’s Advisor, several of the somewhat lesser mistakes that can still shoot your defense to pieces. Fortunately smoking gun evidence is rare. What is common, however, is the type of evidence that, on its […]
Employee Leave: SF Proposes Paid Sick Leave Regulations
On Feb. 5, 2007, San Francisco’s landmark paid sick leave ordinance (adopted as Chapter 12W of the San Francisco Administrative Code) took effect, providing paid sick leave for full- and part-time employees working in the City and County of San Francisco.
New Cafeteria Plan Regulations Proposed
Judge strikes down St. Louis minimum wage increase
St. Louis employers aren’t facing a phased-in $11 minimum wage now that a state judge has struck down a local ordinance that would have given the city a higher minimum wage than the rest of Missouri. The current minimum wage in Missouri is $7.65 per hour, 40 cents higher than the federal minimum wage of […]
Workers’ Compensation: When You Could Be Liable For Injuries During An Employee’s Commute
San Diego police officer Stephen Molnar was subpoenaed to testify in court on a work-related matter on a day he wasn’t scheduled to report for duty. While driving his personal car from home to the courthouse, he was injured in an automobile accident. Molnar filed a workers’ compensation claim, which was ultimately denied. We’ll explain […]
Bulletin Item: EEOC Job Applicant Definition and Rule Delayed
The interagency task-force working to develop an updated definition of who is a job applicant for federal EEO recordkeeping and reporting purposes will have until Sept. 30 to complete its task. The existing definition, which has been under review for two years, fails to address the number of unsolicited job applications that employers receive over […]
Maryland Passes Law Prohibiting Employers from Seeking Social Media Passwords
by Kevin McCormick Maryland has become the first state to enact password protection legislation designed to prohibit employers from requiring applicants and employees to disclose their personal passwords to social media sites such as Facebook, Twitter, and MySpace. The legislation was passed April 9 and is expected to be signed by Governor Martin O’Malley. If […]
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 […]
News Notes: Public Employers Can Require Workers To Use Accumulated Comp Time
The Ninth Circuit Court of Appeal has ruled that public employers may insist that employees use some of their accumulated compensatory time off when they’ve reached a limit on how much can be banked. The Spokane Valley firefighters’ union contract caps accrued comp time at 144 hours and requires overtime pay once the limit is […]