Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

California

Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate

In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).

Millennials

How Do You Motivate Millennials? New Research Offers an Answer

Millennials, to many employers, are an enigma. Even though the oldest of them are now in their 30s, they continue to be the generation without a clear definition—you might even say that the defining characteristic of Millennials is in fact that they can’t be put neatly into a box. They’re meaning-makers. They’re experience-seekers. And now, they make […]

Ask the Expert: Can We Dock Salaried Employee’s Pay for Personal Day When Vacation Time Is Tapped?

Question: Under what circumstances is an employer allowed to require a salaried exempt employee to utilize his/her vacation leave bank for full days away from the office for personal reasons other than medical?  Also, is an employer allowed to withhold payment or “dock” a salary-exempt employee for full days out of the office for personal […]

Another Case Demonstrates Need for Appropriate Training

A warehouse maintenance worker who suffers from migraine headaches filed a suit against his former employer saying, among other things, that his supervisor retaliated against him for taking medical leave. The alleged retaliation included being denied certain refresher safety training.

Mississippi

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.

Heat

Cal/OSHA Intends to Close the Door on Indoor Heat Illness

The California Occupational Safety and Health Administration (Cal/OSHA) has had a heat illness prevention rule in place since 2006; that rule has been revised and updated several times. But, as often as it has been updated and as determinedly as Cal/OSHA has enforced it, the rule has had one huge, gaping hole in coverage: indoor […]

California

Was a California Nurse Able to Defend Retaliation and Defamation Claims?

A registered nurse complained to hospital management about patient safety practices. The hospital fired her shortly afterward, allegedly for improper and dangerous patient care. The nurse sued for retaliation and defamation. The California courts were left to decide if her termination based on a legitimate nonretaliatory reason.