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Because of an important new Ninth Circuit Court of Appeals ruling, employers may now have an uphill battle to fight when faced with allegations that discrimination was one factor—even if not the only factor—in an adverse employment decision such as a termination. We’ll explain what this is about and suggest ways you can avoid this […]
The federal Department of Labor has proposed extensive changes to the process for filing a Labor Condition Application (LCA) to employ a foreign worker. The agency says that the new rules would speed up application processing, but HR professionals and immigration attorneys are less optimistic, predicting that the proposal could radically limit the situations in […]
An employee who takes family and medical leave is generally entitled to return to the same job or an equivalent one at the end of the leave. But if you downsize while the employee is on leave, is this person’s job protected? A new California Court of Appeal case looks at this question—and how your […]
Sendai Parker, a credit analyst for a Los Angeles area branch of Home Savings of America, charged that her supervisor sexually harassed her at a co-worker’s birthday lunch. The supervisor was eventually terminated. Then when Parker was fired two years later for alleged performance problems, she charged that her termination was the culmination of a […]
Kevin Terry, a customer service representative at a Time Warner Entertainment Company office in Fayetteville, Ark., suffered from nocturnal epileptic seizures. His supervisor, Jane Foster, accommodated his condition by allowing him to arrive after the usual starting time and stay later in the evening to make up the missed time. But when angry co-workers complained […]
Employers tend to give a lot of leeway to high-level or valuable employees. But if a rogue boss’s behavior goes unchecked—and forces other employees to quit—you may have a lawsuit on your hands. In one recent case, the employer’s failure to rein in a renegade manager turned into a $600,000 mistake.
Equal pay for equal work is a hot issue. And disputes over whether a female employee is entitled to receive the same compensation as a male co-worker typically focus on whether they perform substantially similar work. Now a new case involving a human resources administrator provides a practical look at some factors courts weigh when […]
When the U.S. Department of Labor issued an opinion two years ago suggesting that absences due to the common cold or flu could sometimes qualify as family leave, it was greeted with consternation by many employers. Now, in a new decision, a California appellate court has overturned a $118,000 verdict in favor of a worker […]
Governor Gray Davis has just signed new legislation that requires employers to allow workers to use sick leave not only when they are ill, but also to care for a sick child or other family member. The law means many workers can now take paid time off – without being sick themselves – when, for […]
Several bills pending in Congress could impact your pension plans. HR 1102 would increase the amount workers can contribute to 401(k) accounts and require faster vesting of matching employer contributions. It would also introduce new Roth 401(k)s and 403(b)s, allowing employees to contribute after-tax dollars but receive tax-free retirement benefits. Another measure, S 659, would […]