Practical HR Tips, News & Advice. Updated Daily.
Are juries worried about whether the facts meet the second prong of a prima facie case? asks attorney Edward M. Richters, No, they get to the jury room, and someone says, “Boy, did that guy get hosed.” Or, maybe, “She had it coming to her.” Bottom line, says Richters, “How would I want to be […]
The California Supreme Court has clarified that nonprofit, religious entities may be exempt from state anti-discrimination laws regardless of how they are incorporated. A nurse at Mercy Healthcare Sacramento sued the hospital for sex and race bias after she was passed up for a promotion. Mercy asked to have the case thrown out, relying on […]
First rule of auditing: Before you start, get legal advice on how to keep the results confidential. Otherwise, in the event of a suit, you’ll likely have to reveal the results of your audit. And the second rule of auditing: Be sure that management is willing to make corrections if infractions are found. If your […]
President Barack Obama announced his intent to nominate Craig Becker and Mark Pearce to the National Labor Relations Board (NLRB) in a White House press release issued Friday, April 24, 2009. Congress created the NLRB in 1935 to administer the National Labor Relations Act (NLRA), the principal law that governs relations between labor unions, employers, […]
Recently, we posted survey results from the Society of Human Resource Management showing that almost a third of respondents monitor employees’ use of social media platforms. Hopefully, they are also tracking the laws that could limit the extent of such monitoring. “Social media monitoring that runs afoul of the employee’s privacy interests will subject the […]
Last year, the U.S. Department of Labor’s Wage and Hour Division collected $166 million in back wages on behalf of 241,000 employees for employer violations of laws enforced by the division. Under the Fair Labor Standards Act (FLSA), the federal wage-and- hour law, the division recovered a total of $134.2 million, including $119.4 million for […]
The Pension Benefit Guaranty Corporation (PBGC)—the federal agency that insures pension benefits for millions of Americans—has published a final rule requiring sponsors of defined benefit pension plans to electronically file their annual premium declarations. Effective July 1, large plan sponsors (those with 500 or more participants) must file premiums electronically for plan years beginning on […]
The U.S. Senate and House of Representatives have blocked funding for new national ergonomics rules intended to reduce repetitive motion injuries in the workplace. The rules, which would affect an estimated 27 million employees whose jobs involve repetitive tasks or manual labor, would impose heavier burdens on employers than existing California standards. The vote prevents […]
If you’re planning to close your doors for the holidays to help trim costs, and you want exempt employees to use up their accrued vacation during this period, you may want to review whether your plans comply with state wage and hour rules regarding exempt employees. A recent opinion letter from the state Division of […]
Employers who provide on-site meals to certain workers have been given a break by the federal Ninth Circuit Court of Appeal. Boyd Gaming Corp., which owns casinos in Nevada, offered workers free meals in an on-site cafeteria because it required them for security reasons to remain on the premises for their entire shift. But when […]