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.

Defamation Claims: Employer Dodges Lawsuit By Employee Wrongfully Accused Of Theft; 3 Defensive Strategies

Whenever you discipline or terminate an employee for misconduct, you open yourself up to the possibility of a defamation lawsuit if you say something negative about the person to other employees. But as a recent case shows, exercising caution in internal discussions about a worker’s wrongdoing can help keep you out of trouble, or provide […]

Workplace Harassment: State High Court Approves Ban On Insulting Speech At Work; Will The Courts Start Managing Your Workplace?

When a group of Latino Avis Rent-A-Car employees at the San Francisco International Airport filed a harassment lawsuit charging a manager with using derogatory racial epithets, they were awarded more than $100,000 in damages. But the workers didn’t stop there. They also convinced the court to issue an order barring the manager from making offensive […]

Terminating Employees: New Legislation Protects Higher-Paid Older Workers; How To Cut Costs Without Breaking The Law

In a controversial ruling two years ago, a California Court of Appeal ruled that you could discharge high-earning employees over age 40 and replace them with lower-paid workers if your motivation was simply to save money. Labor organizations have sought to overturn the decision ever since, and now Governor Davis has signed legislation that does […]

News Notes: Telephone Company Will Pay $25 Million To Settle Pregnancy Discrimination Claims

Pacific Bell has agreed to pay $25 million to settle charges that it didn’t credit pregnancy leave toward an employee’s service when calculating retirement benefits. As many as 10,000 women who took leave before 1979, when Congress passed the federal law banning pregnancy discrimination, may share in the settlement. The class action suit was filed […]

News Notes: PepsiCo Hit With Reverse Discrimination Verdict By White Executive

A white female manager who charged that she was passed over for promotion in favor of an African-American man was awarded $2.6 million in damages. Patricia Steffes worked at PepsiCo for 24 years and claimed she had a long record of positive evaluations. When she complained about not getting promoted, the company allegedly retaliated by […]

News Notes: New Suits Challenge Overtime Classifications

Two lawsuits charge California employers with misclassifying workers as exempt from overtime requirements. In one case, Denny’s is accused of failing to pay overtime to 1,500 managers. The suit alleges Denny’s understaffed its restaurants, causing managers to spend more than half their time performing nonmanagerial tasks such as serving food. Denny’s says its compensation system […]

Investigating Harassment Complaints: Sample Questions To Ask

The new EEOC guidelines on liability for harassment by supervisors emphasize the importance of thoroughly and impartially investigating harassment complaints. Your inquiry should include interviews of the victim, the alleged harasser and other witnesses who might have relevant information. The goal is to find out who was involved, what happened, and when, where and how […]

Sexual Harassment By Supervisors: New EEOC Guidelines On Employer Liability

The federal Equal Employment Opportunity Commission has released new guidelines interpreting and expanding on last year’s Supreme Court rulings on automatic employer liability for sexual harassment by supervisors. The new guidelines are a helpful benchmark for measuring whether your anti-harassment policies and practices make the grade.

Wage And Hour: Correcting Docking Mistakes Can Salvage Exempt Status

Even if you’ve correctly classified an employee as exempt from overtime, you can jeopardize the person’s status by improperly docking their pay or otherwise treating the worker as an hourly employee. And mistakes can be costly, requiring you to pay past and future overtime. But there is a little-known special provision in federal law that […]