Practical HR Tips, News & Advice. Updated Daily.
If an employee tells you that a religious belief prohibits them from working on certain times or days, you usually must try to accommodate the person unless it would be an undue hardship. But what if your workers’ schedules are set by a seniority system? Do you still have to make a special accommodation for […]
On Monday the California Supreme Court ruled, in a divided 4-3 decision, that individuals can’t be held personally liable for retaliation under the California Fair Employment and Housing Act (FEHA), the state’s antibias law.
On Fridays, California Employer Daily will often be given over to an “E-pinion” column by Jennifer Carsen, Esq., ERI’s Managing Editor. If you’ve got an idea for a 500-700 word column on any topic of interest to California employers, we’d love to have you as a guest columnist. Just describe your idea in a brief […]
ISS (Institutional Shareholder Services), which rates executive pay for shareholders, might seem to be losing influence, says consultant Kurt Fichthorn, but every compensation committee in America continues to be aware of the ISS standards around executive pay. During the 2011 proxy season, shareholders seemed to be less influenced by ISS on say on pay, says […]
Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, […]
A new federal court case involves an all-too-familiar scenario. An employer acquired a new business and had to terminate the old workforce. The employer, however, needed to keep some workers around for a few months, so it offered them a severance deal. But when the employer later tried to change the severance terms, it found […]
If anyone questions your layoff selections—and they will—employees’ attorneys are going to scrutinize the job descriptions on which you based your determinations. What will they find? A full set of up-to-date, accurate, and complete job descriptions, right? Well, maybe not a full set—and maybe not all accurate and complete and up to date, either. Here […]
by Stephen Acker and Leanne Fioravanti More exotic modes of transport may need to be explored as Ottawa, Canada’s capital city, struggles with relentless snow storms and a highly controversial bus strike. Unfortunately there is no end in sight as the OC Transpo transit strike enters its second month in mid-January. This transit strike demonstrates: […]
The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]
This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. Not surprising, President Obama’s picks to head agencies such as the U.S. Department of Labor (DOL), the Equal Employment Opportunity Commission (EEOC), and the National Labor Relations Board (NLRB) […]