Author: California Employment Law Letter

A How-To List for Building a Culture of Respect

By Susan W. Kline Experienced HR professionals know that, generally speaking, an employee has no viable claim for sexual harassment unless her workplace has become “hellish.” Nonetheless, savvy employers will take action long before offensive behavior adds up to an actionable claim of sexual (or racial or religious) harassment. By focusing on inappropriate behavior and […]

Expressions of Faith in the Workplace

Q:I have a couple of employees who just started using religious expressions (e.g., “God bless” and “Your friend in God”) in their e-mails. Another employee is offended by the e-mails and wants me to make them stop. Any words of wisdom? A: In addition to prohibiting religious discrimination in the workplace, Title VII of the […]

Male-Male Sexual Harassment Claims on the Rise

According to the Equal Employment Opportunity Commission (EEOC), sexual harassment charges by men have doubled since 1992, accounting for 16 percent of the 12,696 sexual harassment charges filed in the 2009 fiscal year. And while female-male sexual  harassment certainly makes up some portion of those claims, it’s evident that male-male harassment claims are also on […]

Stereotypes Are Alive and Well

We are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotypes associated with their group. — U.S. Supreme Court Price Waterhouse Facts Brenna Lewis started working for Heartland Inns, a small hotel chain, in July 2005. She mainly worked as a night-shift auditor, and in the […]

No Guinness for You!

Litigation Value: Probably neglible, seeing as no one seemed to be offended by Michael’s Irish jokes, and Michael himself looked slightly flattered by the long hug with Todd “PacMan” Packer and Meredith. Who knew that St. Patrick’s Day was such an important holiday at Dunder Mifflin? This week on The Office, we saw our favorite regional […]

EEO Training Makes Economic Sense for Employers

by Sam R. Fulkerson The Equal Employment Opportunity Commission (EEOC) announced in January that 93,277 workplace discrimination charges were filed nationwide during 2009 — the second-highest level ever — and monetary relief obtained for victims totaled more than $376 million. The 2009 data show that private-sector job bias charges alleging discrimination based on disability, religion, […]

Salesperson Not Subject to Administrative Exemption from Overtime Pay

by Jonathan C. Sterling Because one of the most difficult tasks HR professionals face is determining whether their employees are exempt, each time a decision is issued on the topic by an appeals court, it’s worth noting and taking guidance from. The latest decision from the Second Circuit relates to the administrative exemption, which applies […]

Senate HELP Committee Hears Testimony on Paycheck Fairness Act

The Senate Health, Education, Labor, and Pensions (HELP) Committee heard extensive testimony this morning on the Paycheck Fairness Act (S. 182; H.R. 11), a bill that proposes numerous changes to the Equal Pay Act of 1963. Among the witnesses present were Representative Rosa DeLauro, who is one of the sponsors of the Act, and Commissioner […]

Recognition for a Job Well Done

Employee recognition is an important, and often overlooked, part of management. Everyone likes to know that their contributions are recognized and appreciated. Yet, as managers, we all get wrapped up in the day-to-day activities of the business and can lose sight of the need to show our appreciation for the efforts our people make. And […]

Notice Periods for Older Employees – 69-Year-Old Gets 24 Months

By Dominique Launay In Quebec, an employer may fire an employee with “reasonable notice” of termination or pay in lieu of notice unless there’s a contract dealing with termination or there’s “just cause” for dismissal (and save for specific statutory regimes). Like the rest of Canada, reasonable notice is determined on a case-by-case basis taking […]