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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 […]
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 […]
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 […]
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 […]
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 […]
Newly enacted legislation, A.B. 2837, boosts penalties and fines for certain workplace safety violations, revamps Cal/OSHA’s investigation and reporting procedures and requires the agency to provide bilingual services. Here’s a summary of what to expect when the law takes effect Jan. 1, 2003.
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.
Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]
The federal Department of Labor has found that Sun Microsystems in Santa Clara failed to comply with a rule requiring posting notices regarding hiring workers under the H-1B visa program. The DOL has now ordered Sun to display the notices, but hasn’t assessed any penalties or fines because it found that the posting violations weren’t […]
Suppose a former employee applies for a position with your company. You check their personnel record and discover the person was terminated. Following standard company procedure not to rehire previously discharged employees, you reject the person’s application outright.But the applicant turns around and sues you under the federal Americans with Disabilities Act, claiming you really […]