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Retaliation: Court Green-Lights Lawsuit by Employee Fired for Complaining that Co-Worker Was Harassed; Avoiding Retaliation Claims

Freddy Hernandez, a lead technician for Spacelabs Medical Inc. in Chatsworth and then in Redmond, Wash., was abruptly terminated after 20 years on the job—just weeks after he reported that a supervisor harassed a co-worker. We’ll explain why the Ninth Circuit Court of Appeals, which covers California, said Hernandez can sue Spacelabs for retaliation.

Employment Law Alert: San Francisco’s Ban the Box Ordinance

Effective August 13, 2014, San Francisco’s Fair Chance Ordinance prohibits employers from asking about a job applicant’s criminal history, including inquiries on an employment application form. This prohibition, often called a “ban the box” provision, applies to private employers, city contractors, and subcontractors with 20 or more employees. Covered employers may ask about an applicant’s criminal history after the first live interview (in person or via telephone or other technology) or after a conditional job offer. A notice describing the protections provided under the ordinance will be developed by the city’s Office of Labor Standards Enforcement (OLSE). Employers are required to post the notice and to send a copy to any labor union with which they have a collective bargaining agreement.

Q&A: How to Best Recruit Gen Z Candidates

Millennials already make up a large portion of the workforce, and while organizations have been adjusting, Generation Z has entered the scene. We recently spoke with Terri Herrmann, Vice President of Marketing at Montage, to discuss how recruiters should approach Gen Z.

How HR Professionals Can Create a Culture Where Innovation Thrives

By Dr. Amantha Imber, founder of Inventium Does your company have a culture in which innovation thrives? Are people challenging the status quo and being encouraged by leaders to take risks in pursuit of innovation? Or is the opposite true, whereby managers don’t take the time to listen to new ideas and suggestions to make […]

Mexican Worker Warned to “Speak American” Gets Trial

Marcial Avila worked for Jostens, Inc., a yearbook publisher, in its Topeka, Kansas, facility from 1995 until September 2003. His duties included counting yearbooks, packing them into boxes, and printing and affixing shipping labels. He is a legal resident of the United States but was born in Mexico and spoke Spanish as his primary language. […]

Employee Testing: Meeting ADA Requirements While Keeping Employees Safe

Did you know that some employers may be violating ADA requirements when performing safety tests for OSHA? This may include testing employees to ensure that they can perform certain physical functions of the job. This may also include taking adverse actions only against employees who have a disability. Employers need to be careful. “Some employers […]

New York Times: Paperback Bestseller List

The following is a list of the bestselling paperback business books as ranked by the New York Times on March 17. 1 Fairtax: The Truth, by Neal Boortz and John Linder with Rob Woodall. (Harper) A radio host and a U.S. congressman defend their 2005 plan for abolishing federal income taxes and the I.R.S. 2 […]

Massachusetts final sick leave regulations make substantial changes

by Susan G. Fentin Massachusetts Attorney General (AG) Maura Healey recently issued final regulations for the state’s new earned sick time law that aren’t quite what employers were expecting. As a result, employers are scrambling to update their sick time policies before the July 1 compliance deadline. Language in a “model notice” that the AG […]

Up to 88 Hours per Week Without the Paycheck to Prove It

A broadcasting company is in hot water after allegedly failing to pay certain employees minimum wage and proper overtime, according to a U.S. Department of Labor (DOL) press release. The DOL has filed a lawsuit against the company and its owner, alleging that six employees are due $79,445 in unpaid overtime and minimum wages, plus […]

Maine Law Court issues groundbreaking discrimination opinion

by Peter D. Lowe and Connor Beatty On Thursday, January 30, Maine’s Supreme Judicial Court issued a groundbreaking and controversial decision. The Law Court ruled that a school district discriminated against one of its students when it told the student she couldn’t use the female restroom because she is transgendered. Although this decision directly affects […]