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EEOC Claims Continue to Rise

According to its annual report issued November 16, 2009, the Equal Employment Opportunity Commission (EEOC) received 93,277 private-sector discrimination charges in fiscal year (FY) 2009, its second highest total in the past 20 years. In addition, the EEOC obtained record relief of almost $300 million for alleged discrimination victims through administrative enforcement. Breakdown of Charges […]

Employers Are Likely to Cover Mandates Even if High Court Strikes Health Reform

As you must know by now, regardless of how the U.S. Supreme Court rules on the federal health care reform, a couple of very large insurers announced they would continue several of health reform’s insurance mandates. The impact of this announcement directly applies to companies that buy full insurance. But self-insured plans and employers big enough […]

What Tennessee Election Results Mean for Employers

By John B. Phillips, Jr. After the midterm elections, Tennessee’s congressional delegation will be made up of seven Republicans and two Democrats, a net gain of two seats for the GOP. Tuesday’s election continues Tennessee’s move toward a solid-red Republican state. Both U.S. Senators are Republicans, though neither was up for election this year. In […]

Employer Without Proper FMLA Policy and Procedures Must Face a Jury

The 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently ruled that an employee who was allegedly laid off while she was on leave covered by the Family and Medical Leave Act (FMLA) was entitled to a jury trial because the employer’s lack of written policies left unresolved questions about her status. Read more.

10 Tips for Retaining Top Performers

Start by re-recruiting your best workers. Remind them of the unique benefits provided by your company. Emphasize what your firm has to offer. Then, invest in professional development. 1. ‘Re-recruit’ your best workers. Remind them of the unique benefits provided by your company. Emphasize what your firm has to offer. 2. Invest in professional development. […]

Employing Minors: DOL Releases Final Rules on Restrictions for Teen Workers

The U.S. Department of Labor (DOL) has published final regulations that implement changes to some teen worker employment rules. Effective Feb. 15, the rules expand protections for minors working in certain industries and performing certain tasks. Note that California’s child labor rules generally incorporate the federal regulations.

E-Alert Item: New Opinion Letter Explains Guidelines for Paying Exempt Workers During Temporary Shutdowns

If you’re planning to close your doors for the holidays to help trim costs, and you want exempt employees to use up their accrued vacation during this period, you may want to review whether your plans comply with state wage and hour rules regarding exempt employees. A recent opinion letter from the state Division of […]

Is AI Recruiting Discrimination Inevitable?

In yesterday’s post, we discussed the idea that using artificial intelligence (AI) or big data in the recruiting process doesn’t eliminate problems with discrimination and bias. Perhaps counter-intuitively, these methods can actually emphasize bias if we’re not careful because the machine doesn’t know any better. It can only assess the (often imperfect) traits it is told to […]