Practical HR Tips, News & Advice. Updated Daily.
When courts evaluate harassment claims, they take into account that work environments differ. But in a new case, a California appellate court has said a defense that sexual banter was necessary to the employer’s creative process won’t keep the employer from facing a jury.
The California Assembly has approved a bill, A.B. 2317, that would hike the penalties for employers who violate the state’s prohibition against gender bias in pay for employees who perform jobs of equal skill, effort, and responsibility. Under the current law, employees who suffer pay discrimination can sue to recover the wage differential plus an […]
The Equal Employment Opportunity Commission has approved a rule that would allow employers to reduce or cut retiree health benefits once a retiree becomes eligible for Medicare or a comparable state-sponsored health benefit—without violating the Age Discrimination in Employment Act. According to the U.S. General Accounting Office, 10 million retired employees age 55 and over […]
The U.S. Supreme Court has clarified that employees have four years rather than two to file bias claims under the Civil Rights Act of 1866, 42 U.S.C. Section 1981, which prohibits race bias in employment relationships. The decision makes it easier for employees to file such claims. The case involved a group of African-American […]
A federal appeals court recently ruled that the National Labor Relations Act’s (NLRA) prohibitions against unfair labor practices don’t apply to employees of a U.S.-based company while on temporary assignment outside the country. The case arose after two employees were terminated, allegedly for complaining about work conditions they encountered on temporary assignment in Ottawa. […]
The EEOC announced that international entertainment troupe Cirque du Soleil will pay $600,000 to settle a charge that it fired aerial gymnast Matthew Cusick for being HIV-positive, in violation of the Americans with Disabilities Act. The company claimed it believed his condition posed a direct threat to other performers, but the EEOC argued the decision […]
We are pleased to welcome Shawna Swanson, the newest member of our Editorial Review Board. Ms. Swanson, a partner in the San Francisco office of Fenwick & West, has represented employers in litigation relating to harassment, wrongful termination, and employment discrimination. Ms. Swanson also provides advice to employers concerning personnel policies, wage and hour laws, […]
The California Department of Industrial Relations has made it easier for you to keep your required workplace postings up-to-date. Just go to CDIR website, where, with just a few clicks, you can place an order for up to five copies of any poster you need, and it’s all free.
Some banks charge a paycheck-cashing fee to employees who don’t hold accounts with them. But the California Department of Industrial Relations (DIR) now says this practice may be illegal. We’ll give you tips on how to steer clear of this problem.