Employer Survey: Most Employers Have A Workplace Violence Policy But Few Provide Training
Employer Survey: Most Employers Have A Workplace Violence Policy But Few Provide Training
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News Notes: FMLA Leave Did Not Affect Employee’s Exempt Status
Doris Rowe, an exempt supervisor at Laidlaw Transit Inc., was restricted to part-time work after suffering an on-the-job injury. Laidlaw paid her by the hour while she was on the reduced schedule and resumed paying her salary when she returned to work full time. Rowe sued Laidlaw for back overtime, arguing that by paying her […]
News Notes: Back Wages Are Taxable In The Year Paid
In an appeal by the Cleveland Indians baseball team, the U.S. Supreme Court has ruled that back wages are subject to federal Social Security and unemployment taxes in the year they are paid, rather than in the year they were earned. The dispute arose out of a settlement of grievances asserted by major league baseball […]
News Notes: Study Reveals Why Many Small Employers Don’t Offer Health Insurance
Some common misconceptions keep small employers from offering health benefits to their employees, according to a recent study by the UCLA/UC Berkeley Health Insurance Policy Program. The study revealed that 38 percent of California employers with 10 to 50 employees don’t offer coverage. The reasons why include these erroneous perceptions: it’s too expensive; it doesn’t […]
Drugs And Alcohol: Court Upholds Termination Of Alcoholic Employee Who Missed Work While In Jail; How To Manage Workers With Substance-Abuse Problems
Karen Brown, a Lucky Stores Inc. supermarket checker, was arrested for drunk driving, possession of methamphetamines and being under the influence of illegal drugs. She missed two work shifts because she was in jail. The court then ordered her to enter a 90-day round-the-clock drug treatment program the next day, forcing her to miss a […]
Sexual Harassment: Supreme Court Says Single Crude Remark Didn’t Amount To Harassment; Practical Advice
The U.S. Supreme Court has handed down a new ruling that provides some guidance on when a single remark can amount to sexual harassment. The court also looked at when the timing of a punitive action against a complaining employee does and doesn’t support a retaliation claim. As we’ll explain, the decision suggests that your […]
Employee Lawsuits: Workers’ Comp Release Barred Sexual Harassment Claim; 4 Tips You Can Use
Mary Jefferson, a teacher’s assistant for the California Youth Authority (CYA), said that a CYA teacher and his students regularly used derogatory language when referring to women, such as “bitch,” “whore” and “slut.” Jefferson filed a workers’ compensation claim, contending that she suffered work-related stress from a sexually hostile work environment. Jefferson also filed a […]
Wage And Hour: Employer Takes Big Hit For Not Paying Overtime To On-Call Workers; Practical Pointers
If you use on-call employees, it’s important to understand when you have to pay for their on-call time. In a recent case, an employer failed to properly compensate its on-call workers and was clobbered with a steep bill for two years of back overtime. We’ll provide guidance to help you determine when you must pay […]
Employment At Will: Court Says Supervisor’s Oral Assurances Didn’t Supersede Signed At-Will Agreement; Review Your Policies
During the 12 years Charles Starzynski was a program director for Capital Public Radio Inc. in Sacramento, his supervisor, Paul Corriveau, orally assured him his employment could only be terminated for good cause. Then Starzynski was asked to sign an at-will contract. It stated that his employment was at will and could be terminated at […]
Employee Benefits: Employer Pays More Than $28 Million To Settle Claim That It Improperly Valued ESOP Shares; Precautions To Take
A new threat facing employers is an increase in complex and costly litigation over the handling of employee benefit plans. The potential liability can be substantial, as Occidental Petroleum recently discovered when it agreed to pay $25 million, plus another $3.5 million in attorneys’ fees and expenses, to settle such a dispute. The class action […]