Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

News Notes: Government Reports Decline In Lost Workdays From Injury And Illness

Since 1992, according to the U.S. Bureau ofLabor Statistics, the number of lost workdays because of work-related injuriesand illnesses has steadily declined. The decrease from 2000 to 2001 was 7.6percent. And strains and sprains, which generally account forabout four out of 10 injuries involving lost workdays, declined by 34.5 percentfrom 1992 to 2001.

Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

Disability Bias: California Provides Broader Protection than the ADA for Employees with Physical Disabilities; What You Should Know

Over the last few years, the U.S. Supreme Court has issued several rulings narrowing the definition of what constitutes a disability under the federal Americans with Disabilities Act (ADA). Now, the California Supreme Court has ruled that California’s Fair Employment and Housing Act (FEHA) affords workers broader protections than the ADA.

Sexual Harassment: Favoritism Toward Paramours Doesn’t Support Discrimination Lawsuit by Other Female Workers

An employee discovers her boss is having a sexual relationship with a co-worker. Then, when the co-worker gets favorable treatment, including questionable promotions, the employee comes after you, charging that the boss’s favoritism amounted to sex discrimination and created a hostile work environment. Open-and-shut case for the employee? Maybe not, according to a new decision.

Family and Medical Leave: Accompanying Ill Spouse to Funeral Doesn’t Qualify for Protected Leave, Court Rules

Arnulfo Gradilla worked as a sheet metal assembler at Riverside County-based Ruskin Manufacturing. When his father-in-law died, he received permission to take two or three days off work to accompany his invalid wife to the funeral in Mexico. Gradilla’s wife had a serious heart condition that was exacerbated by stress.

Employer Liability: New Case Examines When You Can Be on the Hook for Accidents Occurring During an Employee’s Commute; Prevention Steps

Minimed Inc., based in Northridge, hired a pest control company to spray pesticide overnight to eliminate fleas at the office. When clerical employee Irma Hernandez arrived at work the next morning, she noticed a Raid-like smell—and within a few hours she had a headache, nausea, and tightness in her chest. Hernandez told her supervisors she […]

News Notes: HIPAA Security Rules Finalized

The U.S. Department of Health and Human Services has released final security standards under the Health Insurance Portability and Accountability Act of 1996 (HIPAA) for protecting individually identifiable health information. The standards require health insurers and certain healthcare providers and clearinghouses to establish procedures to protect the confidentiality of electronically maintained or transmitted health information. […]

News Notes: Ninth Circuit Issues Pair Of Free Speech Rulings

The Ninth Circuit Court of Appeals has ruled that a public employee whose First Amendment rights are violated can sue even if the employee wasn’t terminated or disciplined—if an adverse employment action was taken that was reasonably likely to deter the employee from engaging in constitutionally protected speech. But in another case, the same court gave […]