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Employee retaliation claims are skyrocketing, and in 2011 these claims were the number one complaint to the EEOC. As a result, you need to know how to prevent retaliation claims from happening. At SHRM’s legislative conference in Washington, D.C. earlier this month, California employment attorney Jody Katz Pritikin, presented tips on how to prevent and […]
Even non-exempt employees can cause confusion and employer liability under the FLSA. Often, employers run into trouble when attempting to classify their employees for purposes of pay exemptions. But equally tricky is how to pay non-exempt employees who have non-traditional forms of payment, such as tipped employees. The recent slew of major FLSA wage and […]
In a recent move to encourage employers to correct past misclassification of workers, the IRS has established a voluntary compliance program, called the Voluntary Classification Settlement Program, or VCSP. The program permits employers to voluntarily reclassify their workers as employees for future tax periods with minimal tax liability for past non-employee treatment. To participate, an […]
By Gilda Villaran On February 24, 2012, a new simplified process for certain foreign workers seeking entry to the Province of Quebec was announced. Instead of applying to only seven information technology occupations, as before, the simplified process will apply to 44 occupations in a variety of fields. This is an important development not only […]
California’s Fair Employment and Housing Act (FEHA) provides employees with disability discrimination protections that are even more stringent than the federal Americans with Disabilities Act (ADA) requirements.
By Tammy Binford It’s often easy for employers to be understanding when workers occasionally need to duck out of work early for a meeting at school or a trip to a child’s doctor. It happens to nearly every working parent once in a while. But what about an employee whose child has some kind of […]
By Diane Pietraszewski The vast majority of all equal employment opportunity lawsuits are filed by individual employees or job applicants. The Equal Employment Opportunity Commission (EEOC) may file cases on behalf of individuals, but it rarely does so because of limited resources. To get more “bang” for its litigation bucks, the EEOC is increasingly turning […]
By Jeanine Poole It may seem that requiring a high-school diploma for a job is a correct answer. However, a recent “informal discussion letter” from the Equal Employment Opportunity Commission (EEOC) indicates that you may need to do more studying before making that choice. Background In October 2011, the state of Tennessee wrote the EEOC, […]
By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]
On March 8, 1857, women from New York City factories staged a protest over working conditions. In 1981, 124 years after that historic protest, Congress established National Women’s History Week to be commemorated the second week of March. In 1987, Congress expanded the week to a month. Here are some facts about American women from […]