• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Don’t rely on arbitration agreements that require class-action waivers

12/08/2014

The California Court of Appeal has yet again ruled against employers in an arbitration rights case. This time, the issue was whether employers can use arbitration agreements to limit so-called class- or collective-action claims. The apparent answer is “no.”

Ban comments about age, national origin, but don’t sweat isolated incidents

12/08/2014
Here’s some good news. One single isolated comment about an employee’s advancing age or his country of origin isn’t enough to sustain a lawsuit claiming age discrimination.

Court approves settlement in EEOC lawsuit

12/08/2014
The federal court hearing a sexual harassment and hostile work environment case has agreed to settle the case with a modest payment and extensive EEOC monitoring to prevent further harassment. While the payment was relatively small, the company will now endure regular EEOC visits to check on its progress.

Former NYPD diver files race bias lawsuit

12/08/2014
A former New York Police Depart­­ment officer of mixed-race ancestry is accusing the department of tolerating racial bias, alleging that co-workers on the NYPD’s elite scuba diving team harassed him.

Beware class action if you pay young men more than experienced women

12/08/2014
Now that every paycheck can become the basis for a new equal pay claim, smart employers are proactive about making sure they base compensation on factors other than sex, age or some combination of those factors.

Respond vigorously to anonymous harassment

12/08/2014

Occasionally, a worker will do something truly stupid: tagging offensive graffiti, posting jokes that aren’t funny or leaving anonymous, bigoted notes. Whatever form it takes, make sure you respond immediately. Show you mean business about stamping out harassment.

Pre-shift and post-shift duties: A few unpaid minutes can add up to millions

12/08/2014
If you rely on an inaccurate formula to calculate work time, a jury may correct your mistake for all similarly situated employees—and a judge can double the amount owed for unpaid time.

Unfair isn’t illegal

12/08/2014
Judges understand the difference between an unfair boss and an illegal practice. They won’t hold you liable for all bad decisions—just the discriminatory ones.

Make it easy to complain about harassment, bias

12/05/2014
Employers that give a way for em­­ployees to complain about harassment or discrimination have already won half the battle. That will help prevent many lawsuits in cases where the harasser is a co-worker and the employee never gave the employer a chance to stop the harassment.

No accommodation request, no unemployment benefits

12/05/2014
Some employees who quit for health reasons may be entitled to unemployment compensation. But that’s only true if they first give their employers a chance to consider possible accommodations.