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Workplace Bias: Court Strips Employee of $1 Million Award; No Evidence Reorganization Was Biased Against Older Workers and Women

In the most familiar type of workplace bias lawsuit, the employee charges that the employer had a discriminatory motive. Butin disparate impact cases, the employee claims that an apparently neutral policy or practice of the employer disproportionately hurt employees in a protected class, even though there was no intent to discriminate. A new California appeal […]

Sexual Harassment: High Court Clarifies Law on Constructive Discharge in Harassment Cases; Lawsuit Prevention Strategies

The U.S. Supreme Court has ruled that a constructive discharge—in which the work environment becomes so intolerable that an employee is forced to quit—can amount to an adverse employment action in a hostile environment sexual harassment case. And, depending on the circumstances, you could be held automatically liable in this situation if the harasser is […]

OPM Issues Proposed Regs for FMLA, Other Types of Leave

The federal Office of Personnel Management (OPM) has issued proposed regulations to address various issues regarding how federal employers may comply with the new military caregiver provisions of the Family and Medical Leave Act (FMLA). The proposed regulations are similar to the FMLA regulations issued last year by the U.S. Department of Labor (DOL). They […]

EBSA Releases Final Rule on Fee Disclosures (extends effective date to July 1)

The U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) issued the final rule for pension and 401(k) plan fee disclosures on Feb. 2. The announcement was jointly made with the U.S. Department of Treasury, which issued a proposal at the same time to reduce regulatory burdens on retirement incomes. Secretary of Labor Hilda […]

The Value of Cognitive Assessments for Recruiting

Currently, the global cognitive assessment and training market is anticipated to grow at a compound annual growth rate (CAGR) of 32.39% from 2018–2022. So, it’s becoming apparent that many organizations spanning many industries are beginning to see the value of cognitive assessments and how cost-effective they are, especially when recruiting and onboarding new hires.

Drugs & Alcohol: Do I Have to Interview an Applicant Who Takes Medical Marijuana?

One of our current employees has referred a friend for employment under our employee referral program, which rewards employees who refer applicants if we end up hiring them. The employee mentioned that the friend uses marijuana for medical purposes. I don’t really want to consider this person because we are a drug-free workplace, but I’m […]

Smart Managers, Dumb Moves

In yesterday’s Advisor, we covered several common legal but stupid actions that managers think are smart. Today, we’ll hit a few more, and we’ll take a look at a unique HR audit system that ferrets out stupid moves before the feds do. (Go here for legal but stupid moves 1 through 3.) 4. Auto-Deducting for […]

Arizona voters will decide minimum wage, recreational marijuana proposals

by Dinita L. James Gonzalez Law, LLC On August 18 and 19, two Maricopa County Superior Court judges cleared the way for two voter initiatives with significant implications for Arizona employers to appear on the November ballot. One would raise the statewide minimum hourly wage to $10 on January 1, 2017, and the other would […]

How to Match Millennials with Mentors: Part 1

By Allison Burgess Duke As a college professor, I am asked constantly how to deal with the work ethic (or lack thereof) and the entitled attitudes of Millennials, the newest generation entering the workplace. According to the Pew Research Center, Millennials are those individuals born after 1980 ― the first generation to come of age […]