Tag: hiring

Employee Leasing: Battle Over Workers’ Comp Coverage Ensues When Worker Injured on Job; How to Protect Yourself

Many employers lease rather than hire employees to reduce the costs of managing employee payroll and benefits. Leasing firms usually carry workers’ comp insurance on the leased workers, which can save you money and headaches. But as one employer recently found, if you don’t administer your leasing arrangement carefully, you could face expensive legal problems […]

Diversity: The Ends Don’t Necessarily Justify the Means; How Two Important New Supreme Court Rulings Affect Employers

Regardless of whether your workplace has a formal diversity policy, it’s often hard to determine how and when race can be used as a criterion for hiring decisions. Two major new U.S. Supreme Court decisions offer some guidance. Although the cases deal with university admissions rather than workplace hiring, the court set out standards for […]

News Notes: No Accomodation Required for Contractor’s Employee

Bernard Lopez was an employee of Applied Technology Associates (ATA), which provided contract computer services for the Navy. Lopez sued the Navy, charging that it violated the disability accommodation requirements of the Rehabilitation Act, which is similar to the Americans with Disabilities Act, when it turned down ATA’s request for a handicap parking permit for […]

Exempt Employees: Federal Government Proposes Overhaul of Who’s Exempt from Overtime, but California Rules Still Stricter

The U.S. Department of Labor recently published a proposal to update the 50-year-old Fair Labor Standards Act (FLSA) regulations defining white-collar exemptions. The new rules could take effect by the end of the year after a public comment and review process. But, as explained below, the changes probably won’t have much impact on California employers […]

Wage and Hour: Including Floor Manager in Tip Pooling Violates State Law; Rules for Paying Tipped Em

Karla Jameson was a server for the upscale Five Feet restaurant in Laguna Beach. The restaurant required servers to give 10 percent of their nightly tips to the floor manager. The floor manager supervised the servers, acted as host, greeted customers, set up the reservation sheet and seating arrangement, and assisted in servicing tables. Jameson […]

National-Origin Discrimination, Part 2: EEOC Issues New Guidance; What You Need to Know About Language Policies and Citizenship Discrimination

The U.S. Equal Employment Opportunity Commission recently issued new guidance to help employers understand the prohibitions against national-origin discrimination and to suggest best practices for fostering a bias-free workplace. Last month, we reviewed what the guidelines have to say about employment decisions and workplace security issues. This month, we’ll explain the guidelines concerning language requirements […]

National-Origin Discrimination, Part 1: EEOC Issues New Guidance; What You Need to Know

Because of increasing diversity in the workforce—and a spike in discrimination complaints since the events of Sept. 11, 2001—taking steps to avoid national-origin bias is more critical than ever. Now, the U.S. Equal Employment Opportunity Commission has released updated guidelines to help employers understand the prohibitions against national-origin discrimination and to suggest best practices for […]

News Notes: Bush Issues New Executive Order Furthering Faith-Based Initiative

President Bush has issued a new Executive order exempting religious organizations that contract with the U.S. government from prohibitions on religious discrimination in hiring. The order, part of his “faith-based initiative,” applies to religious corporations, associations, educational institutions, and societies. It does not, however, release religious groups from complying with other state and local anti-bias […]

Employee Leasing, Part 1: Is Employee Leasing Right For You? What The Leasing Companies May Not Tell You

To save time and money administering employee benefits and payroll, a growing number of employers are turning to leasing—or outsourcing—employees rather than hiring them outright. In this special two-part series, we’ll look at whether employee leasing is right for you and explore some of its hidden pitfalls.