Practical HR Tips, News & Advice. Updated Daily.
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.
By Allen Kato, Fenwick & West LLP Why should you conduct an exemption audit in California? Employee claims alleging they are misclassified as exempt from overtime (brought as individual claims or class-action lawsuits) are the lawsuit of the day. For example, in March 2012, a California court approved a $35 million settlement by Oracle involving […]
Yesterday, we looked at a case involving a returning military service member who was terminated upon coming back to work. While that particular employee lost his case against his supervisor, the general rule is that you must reinstate returning service members. Today, we’ll look at some exceptions to this rule.
Yesterday’s Advisor offered details about EEOC’s new final rule on Reasonable Factors Other than Age (RFOA). Today, three more “considerations,” plus an introduction to a unique program just for small or even one-person HR [Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited […]
When you think of employment discrimination, you probably think of protected traits like gender, race, disabilities, age, or religion, among others. But the country’s involvement in two hot wars over the past decade has put another type of discrimination on the radar screen: discrimination based on military service.
The old “business necessity” rule is no more; in disparate impact age discrimination cases, employers can now defend under the easier standard of “Reasonable Factor Other Than Age” thanks to a new final rule from EEOC. EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in […]
By Stephen D. Bruce, PHR Editor, HR Daily Advisor Dan Oswald’s recent epinion, “It Takes Three—Creative Type, Business Type, and ?” garnered contrasting responses, some quite negative and some quite positive. The original article put forth the proposition that successful companies need three types of leadership: creative, business, and a**hole. Here are the comments: ‘Every […]
Business owners should be aware that customers typing away on their smartphones might actually be reporting FLSA violations to the U.S. Department of Labor. DOL’s recently created smartphone app, “Eat Shop Sleep,” allows users to search for places to eat, shop and sleep and to read Yelp customer reviews. However, the app also provides users […]
Yesterday, Garrett Jensen of the Orange County office of Carothers, DiSante & Freudenberger LLP spelled out the facts of a recent court case in which an employee claimed he was entitled to reporting time pay on days he had meetings scheduled. Today, the court’s ruling.
Yesterday’s Advisor offered tips for interviewing an employee who has made a harassment or discrimination complaint. Today, how to interview the alleged offender, plus good news—there’s a upcoming virtual summit webinar on How to Conduct Investigations. For help we turned again to HRhero/BLR’s Workplace Investigations: the HR Manager’s Step-by-Step Guide written by attorney Jody Shipper. […]
Wal-Mart Stores, Inc. will pay almost $5.3 million in penalties, damages and back wages for overtime violations at stores nationwide, the U.S. Department of Labor said on May 1. According to the agency, 4,500 vision center managers (VCMs) and asset protection coordinators (APCs) at Wal-Mart Supercenters, Wal-Mart Discount Stores, Neighborhood Markets and Sam’s Club Warehouses were […]