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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 […]
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 […]
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 […]