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Employment Law

DIR orders record fine for heat-related death

09/19/2008

California worker safety regulators fined Merced Farm Labor Contractor a record $262,700 for allegedly violating state regulations that required it to provide shade, water and breaks to its agricultural workers and to train supervisors and employees about how to lower the risk of employees suffering heat-related ailments …

Best Buy settles age bias suit claiming it favors younger workers

09/19/2008

Best Buy recently agreed to settle an age discrimination lawsuit with the EEOC that accused the company of failing to hire a 68-year-old applicant because of his age. Under the terms of the agreement, Best Buy will pay $17,500 to Reinhold Schouweiler on whose behalf the EEOC filed suit in 2007 …

Must we pay employee who takes family and medical leave to care for relative?

09/19/2008

Q. One of our employees will be taking a protected leave of absence to care for her ill mother. Are we required to pay her for the time off? …

Congress OKs bill to expand ADA’s definition of ‘disabled’

09/18/2008

Congress gave final approval on Sept. 17 to legislation that will bring more Americans under the umbrella of “disabled” under the Americans with Disabilities Act (ADA). President Bush said he’d sign the bill. The bill reverses several court rulings from recent years that had limited the scope of ADA protections …

Video résumés failing to catch on: Ahead of their time, or too hot to handle?

09/18/2008

Despite much discussion about their pros, cons and legal implications, video résumés aren’t yet catching fire with employers or employees. CareerBuilder recently discontinued its video résumé service. Recruiters have shown little demand for them …

DOL proposal calls for more disclosure about employers’ 401(k) fees

09/18/2008

New regulations proposed by the DOL would require fiduciaries of 401(k) plans to disclose more information to employees about plan-related fees and investment performance. The goal: Allow employees to “peek behind the curtain” of the fees they pay for their 401(k)s …

‘That head scarf thing’: Insensitive comments spark legal fire

09/18/2008

You’ve hired people of all races and religions, including a woman who wears a head scarf (hijab). But what do you say when that woman seeks a promotion to a more visible position? A few unwise words coupled with foot-dragging on the promotion and you’ll be wrapping your head around a religious discrimination lawsuit …

The HR I.Q. Test: October ’08

09/18/2008

Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz …

Must we pay doctors to fill out FMLA forms?

09/18/2008

Q. Recently, a doctor sent our HR department a bill for completing one of our employees’ FMLA certification forms. Do we have to pay it?

Can we give higher pay to employee with degree?

09/18/2008

Q. Is it illegal to pay someone without a degree less than someone with the degree? In our case, two employees have the same title but do slightly different tasks. One has a bachelor’s in HR and the other does not. However, the one without a degree is doing all the HR duties and gets paid less than the one with a degree. The degreed employee doesn’t use her HR skills in her job at all.