Author: HR Daily Advisor Staff
EEOC’s Five Factors for Establishing RFOA
[Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited supervisors’ discretion to assess employees subjectively, particularly where the criteria that the supervisors were asked to evaluate are known to be subject to negative age-based stereotypes. EEOC recognizes that in many cases to it […]
Watch Out for Military-Leave Bias
When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country’s involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service.
Business Necessity Out, RFOA In (Age Discrimination)
The old “business necessity” rule is no more; in disparate impact age discrimination cases, employers can now defend under the easier standard of “Reasonable Factor Other Than Age” thanks to a new final rule from EEOC. EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in […]
Business Necessity No, RFOA Yes (Age Discrimination)
EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in Employment Act of 1967 in March and it became effective April 30. EEOC also published an informative Q&A on which this article is based. ADEA and Disparate Impact ADEA prohibits two types of discrimination against workers […]
Perks, Imputed Income, and Phantom Stock—Exec Comp’s Tools
Wudyka is managing principal of Westminster Associates in Wrentham, MA. His tips came at a recent BLR/HRhero-sponsored webinar. Perquisites Perquisites are benefits unique to executives, says Wudyka. As some may be taxable, always clarify that issue before finalizing your plan. Some examples of perquisites: Country club memberships Cars Financial or legal planning Computers Phones Assistants […]
Executive Compensation—The “Third Payroll”
There are different types of incentives for executives, and taxation becomes increasingly important in compensation planning, says Wudyka, who is managing principal of Westminster Associates in Wrentham, MA. His tips came at a recent BLR/HRhero-sponsored webinar. Motivating Executives Is a Challenge Motivating executives is a challenge, says Wudyka, because their level of base compensation is […]
Retaliation—Policy Must-Haves and Prevention Must-Dos
Pritikin, founder of Proactive Lawsuit Prevention, made her comments at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Retaliation Policy Must-Haves Pritikin suggest that employers include the following in their anti-retaliation policies: Make a standalone commitment against retaliation—it’s the number one EEOC claim! Define retaliation Give a specific examples including “zone of […]
Some ‘Surprised and Disappointed’; Some ‘Loved’ It
By Stephen D. Bruce, PHR Editor, HR Daily Advisor Dan Oswald’s recent epinion, “It Takes Three—Creative Type, Business Type, and ?” garnered contrasting responses, some quite negative and some quite positive. The original article put forth the proposition that successful companies need three types of leadership: creative, business, and a**hole. Here are the comments: ‘Every […]
Reporting Businesses FLSA Violations Is Now Just a Smartphone App Away
Business owners should be aware that customers typing away on their smartphones might actually be reporting FLSA violations to the U.S. Department of Labor. DOL’s recently created smartphone app, “Eat Shop Sleep,” allows users to search for places to eat, shop and sleep and to read Yelp customer reviews. However, the app also provides users […]