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Here are some facts from the U.S. Census Bureau about disabled Americans and how they are represented in the workplace: In America, there are 54 million people with disabilities. That represents 19% of the civilian noninstitutionalized population. Five percent of children ages 5 to 17 have disabilities; 10% of people 18 to 64 have disabilities; […]
Litigation is the ultimate test of the adequacy of an employer’s recordkeeping practices, says attorney Allen Kato of the San Francisco office of Fenwick and West LLP. Of course, the courtroom isn’t the best place to find out that records are inadequate, incomplete, or nonexistent. Record retention is a daunting task for employers because there […]
Under strict new rules adopted last year by the state Industrial Welfare Commission, you may be liable for a penalty of an additional hour’s pay for each day that you fail to provide a nonexempt employee with a required meal break, unless they’ve consented in writing to an on-duty meal period. Now three former employees […]
A California appeal court has ruled that for purposes of determining whether an employer is liable for an employee’s occupational disease or cumulative trauma injury, the date of injury is when the employee first suffered either temporary or permanent disability—not when medical treatment was received. The ruling is important because, with work-related disease or cumulative […]
The number of Fair Labor Standards Act civil lawsuits filed in 2011 declined 7.2 percent, according to a recent report by the Administrative Office of the U.S. Courts. In all, 6,335 FLSA cases were commenced in district courts nationwide during the 12-month period ended Sept. 30, 2011, down from 6,825 during the same period in […]
BLR’s 2012 Pay Budget Survey results suggest another marginal improvement in economic conditions from one year ago. The average planned merit increase for 2012 is 2.07%, according to the survey results, while the average actual merit increase for 2011 was 1.87%. In last year’s 2011 Pay Budget Survey, employers reported that their average planned merit […]
Leave for Crime Victims and Their Families Under SB 478, employees who are the victims of serious crimes and relatives and domestic partners of crime victims can take unpaid leave from work to attend legal proceedings. This new law applies to all employers, regardless of how many employees you have. Be sure to immediately update […]
New hurdles in defending against pay-bias lawsuits may be coming soon to a workplace near you. The Democratic-led U.S. House of Representatives has overwhelmingly passed two pay discrimination bills—the Lilly Ledbetter Fair Pay Act (H.R. 11) and the Paycheck Fairness Act (H.R. 12). Senator Hillary Clinton (D-NY) is expected to introduce companion legislation in the […]
Earlier this month, a statewide class-action lawsuit was filed in a Northern California federal court, alleging that Minnesota-based giant 3M systematically discriminates against older employees. The lawsuit follows a similar case already pending in 3M’s home state.
The U.S. House of Representatives has approved legislation that would raise the maximum fine for violating the child labor provisions of the Fair Labor Standards Act. The Child Protection Act of 2007 (H.R. 2637) would raise from $11,000 to $50,000 the maximum fine for violations that cause the serious injury or death of an employee […]