Train Managers to Avoid Retaliation Claims; Common Errors That Lead to Lawsuits One of the most vexing types of claims that employers face is retaliation claims. Retaliation claims can be especially frustrating when employers successfully defend against a bias or harassment claim, but get dinged for retaliating against the complaining employee. Because retaliation is generally easier for an employee to prove than harassment or bias, employers should take extra steps to ensure that managers are trained to avoid statements or actions that can be construed as retaliatory . . . more Bulletin: ERI wins 11th editorial award The Employer Resource Institute, publisher of California Employer Advisor and the Cal/OSHA Compliance Advisor, has just won a second-place award from the Specialized Information Publishers Foundation in the category of "Best Instructional Reporting." The award, ERI's 11th, was given . . . more Bulletin: Time running out to save on California Employment Law Update conference The clock is ticking on the fourth-annual California Employment Law Update conference in San Francisco from Nov. 4-6. Register now and save $100--but hurry! This discount expires . . . more Bulletin: From the safety files: It came from the office fridge! The contents of an office mini-fridge at an AT&T call center in San Jose recently led to 35 people receiving medical attention and 300 people losing half a day's work. To find out what was so very rotten in Denmark, as well as how to avoid a similar crisis at your workplace . . . more Sexual Harassment: Jury Awards Male Employee Millions for Harassment and Retaliation; Mistakes That Could Have Been Avoided What does an employer have to do to get hit with an $18.4 million jury award? Not as much as you might think. The amount awarded to James Stevens, a Vons Grocery Stores employee, was later reduced on appeal to $2.4 million. But even the reduced amount constitutes . . . more Discrimination: New EEOC Guidance for Avoiding Family Responsibility Discrimination; Best Practices to Implement Now You've trained your supervisors and managers on how to recognize and prevent discrimination based on such familiar categories as sex, race, age, disability, and sexual orientation. You've complied with California rules regarding sexual harassment training. You have a strong anti-retaliation policy. Is there anything left you need to cover . . . more Privacy: Stimulus Package Contains HIPAA Requirements for Employers and Plans By now, you're probably familiar with the COBRA and tax-credit provisions of the American Recovery and Reinvestment Act (ARRA) of 2009, commonly referred to as the "stimulus package." What you may not know is that the package also substantially expands Health Insurance . . . more Diversity: Hiring and Employing Transgender Workers; Tips for Promoting Tolerance and Respect There's little argument that today's workplaces don't look much like those of generations past Today there is greater racial, ethnic, and gender diversity at work than ever before. Openly gay and lesbian employees are becoming a normal part . . . more Wage and Hour: How to Use Make-Up Time and Compensatory Time Off in California; Sample Policy Nonexempt employees sometimes need to attend to personal matters during the work day--but they don't want to dip into valuable vacation time to do it, and loss of even a few hours of work can strain an employee's budget. What options are available to allow the employee . . . more Terminations: Why Giving a 'Good Reason' for Firing May Not Be Enough; How to Keep an Eye on the Big Picture An employee takes pregnancy-related medical leave. While she's out, you discover that she falsified certain time sheets and billing records. On the day she's set to return from leave, you tell her she's being terminated . . . more News Note: E-Verify Rule for Federal Contracts Delayed--Again Originally scheduled to go into effect in January, the rule that will require federal contractors to use the U.S. Customs and Immigration Service (USCIS) E-Verify system for all new hires has been delayed again, now moving from from June 30 to Sept. 8. Federal contractors will now have to begin . . . more News Note: High Court Says Pension Plan Doesn't Have to Adjust The U.S. Supreme Court has ruled that AT&T, which had long been calculating pensions based on seniority minus uncredited leave taken, does not have to adjust for . . . more News Note: H1N1 Vaccine May Be Available Soon Baxter International Inc. has announced that it has completed testing and evaluation of a vaccine for the H1N1 virus--also known as "swine flu"--and could have it ready to go as early as this month. According to the World Health Organization, the number of reported cases of H1N1 infection has topped . . . more News Note: 'Hooters Girls' Sue to Recover Tips Managers Stole A class of waitresses formerly employed by four San Francisco-area Hooters restaurants has sued, alleging that restaurant managers systematically stole $40 per day from the tip pool, violating California law. According to the complaint, managers diligently recorded taking . . . more News Note: Homeland Security to Focus Immigration Enforcement Efforts The Department of Homeland Security confirmed in an April 2009 statement that it has directed Immigration and Customs Enforcement (ICE) field offices to focus resources on the "criminal prosecution of employers who knowingly hire illegal workers." In 2008, more than 6,000 arrests . . . more Bulletin: New FMLA bill introduced in Congress The Family and Medical Leave Restoration Act (HR 2161), just introduced in the U.S. House of Representatives, would repeal the changes to FMLA that took effect this past January . . . more Bulletin: U.S. Supreme Court considers key race bias issue A case currently before the U.S. Supreme Court will address the issue of whether employers can scrap the results of a job qualification test if it's later discovered that the test is racially biased . . . more Bulletin: From the safety files: Tips for success in a tight economy In times when getting the corporation through the immediate future becomes the paramount goal, how can a safety program--whose benefits may not be fully realized for months or even years--continue to work effectively? Fortunately, there are ways to identify and improve workplace safety that don't involve . . . more Employee Retention: Exit Interviews Can Help Reveal Why Employees Leave; Dos and Don'ts for Honest Feedback If you find yourself constantly wondering why employees aren't staying with you longer, you're not alone. Employee retention issues can be hard to pin down after all, employees leave for a variety of reasons, many of which . . . more Negligence: Recent Decision Highlights Why Employees Must Be Carefully Supervised A recent California court decision illustrates the importance of knowing when you can, or can't, be held responsible to third parties if your employees make mistakes or act recklessly. It also serves as a stark reminder that you have to monitor even your most trusted employees. . . . more Substance Abuse: Tackling the Tricky Issue of Employee Drug and Alcohol Abuse; Rules for EAPs Dealing with employees who have substance abuse problems is one of the most difficult issues an employer can face. It's an uncomfortable topic for everyone involved, and employees may be reluctant to . . . more Wage and Hour: Court Rules Federal Contractors Must Comply with California Pay Rules; Tips for Doing a Self-Audit If you're a federal contractor, you know all too well that there are a lot of federal rules to keep track of. Now, a recent California appeals court decision has just made your job a little harder . . . more Compensation: 10 Possible Pitfalls to Avoid When Using Independent Contractors and Leased Employees Now more than ever, employers are turning to independent contractors and temporary leased employees to fill in their workforce gaps. While using independent contractors and temps can help you maintain a lean labor budget--especially in this tough economy--making mistakes with these types of workers can cause serious legal headaches. Here are 10 possible pitfalls to watch out for: . . . more Retaliation: Employer Slammed for Lack of Follow-Up on Employee Complaints; What You Can Learn from This Mistake If an employee complains about bias or harassment in your workplace and then you talk to the employees and supervisors involved, warn everyone to behave better, and issue a reminder that illegal behavior . . . more News Note: High Court Says Union Contract Required Mandatory Arbitration of Bias Claim Modifying long-standing legal doctrine, the U.S. Supreme Court recently ruled that union employees can be required to arbitrate discrimination claims if their collective bargaining agreement (CBA) clearly spells out the particular legal rights that are subject to mandatory . . . more News Note: Equal Pay a Priority Issue for Labor Secretary In a recent statement, Labor Secretary Hilda Solis said equal pay for women is a priority issue for her administration. Solis noted that women continue to earn, on average, 78 cents for every dollar men earn in similar positions. To help combat this problem . . . more News Note: New OSHA Reporting Rules, Penalties, and Whistleblower Protections Proposed Two bills introduced into the U.S. House of Representatives in late April would create new OSHA reporting obligations for certain employers and stiffer penalties for violations. The first bill would require employers with 500 or more employees to report . . . more News Note: Chrysler Employees Take Majority Ownership in Company Chrysler employees will soon become their own bosses. The employees, represented by the United Auto Workers union, have approved a contract that will help the automaker successfully restructure through the bankruptcy process by giving employees . . . more News Note: California Students to Get Lesson in Workplace Rights The California Department of Fair Employment and Housing recently announced the launch of its Equal Rights 101 campaign, which provides lesson plans and multimedia materials on workplace rights . . . more COBRA Notice Compliance Checklist Although the COBRA subsidy contained in the federal economic stimulus package offers employees a great benefit, it also presents employers with great challenges--such as knowing which notice to send to which employees and by what date. This checklist can help you navigate your obligations. . . . more More