Tag Archives: Employment Practices

Professional Liabilities During the Holidays

Professional Liabilities During the HolidaysThe holidays are a busy time for everyone. Between buying gifts for your friends and family, planning vacations, decorating your home, having and attending parties, and hosting houseguests, many people are likely very stressed during the month of December. In addition to the pressure of trying to get work completed in the midst of the additional responsibilities of the season, there are several workplace liabilities that appear or increase in

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Common Employment Practices Liabilities in the Hiring Process

Common Employment Practices Liabilities in the Hiring ProcessThe hiring process can be wonderful for employers, but while it is exciting to add new talent to the team, the process can be dangerous if you are not careful. Just as applicants are expected to obey certain codes of conduct when applying for jobs, employers need to mind their behavior as well, though it’s not just  about etiquette: there are many legal restrictions on the hiring process, and disobeying

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The Risk of Employment Practices Violations

The Risk of Employment Practices ViolationsThe Equal Employment Opportunity Commission (EEOC) receives tens of thousands of claims by employees and former employees each year. In fact, in 2015 there were 89,385 discrimination cases filed with the EEOC. Topping the list were retaliation claims at 39,757, followed by discrimination allegations involving race (31,027), disability (26,968), sex (26,396), age (20,144), national origin (9,438), religion (3,502), color (2,833), the Equal Pay Act (973), and the Genetic Information Non-Discrimination …

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Employment Practices in Tech Industry: The Diversity Issue

Employment Practices in Tech Industry: The Diversity IssueOver the last few years there has been heightened scrutiny regarding the makeup of the workforce at technology companies, which is predominantly white, Asian, and male. Diversity in the workforce was underscored in a survey conducted by Fortune last year, which revealed that on average women comprise about one-third of the jobs in the tech industry. That gap expands the higher up you go in an organization, with the best …

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Employment Practices: Pay Close Attention to California’s New Fair Pay Act

Employment Practices Pay Close Attention to California’s New Fair Pay ActCalifornia’s new Fair Pay Act, in effect as of January 1, 2016, requires equal pay, regardless of gender, for employees performing “substantially similar” work – not just “equal” work, as previously was the case. The requirement also extends to different locations run by the same company, not just “the same establishment,” as under the earlier law. In addition, the law protects employees from retaliation if they seek information on wages …

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EPLI Issue Highlighted As Former USC Coach Sues for Discrimination, Wrongful Termination

 the Family Medical Leave Act (FMLA) does not permit an employer to terminate an employee for extended absencesJust recently the University of Southern California (USC) made headline news when it was announced that former head football coach Steve Sarkisian is suing the school for more than $12 million, putting an important employment practices issue front and center. Sarkisian was fired in October for drinking on the job. He claims USC discriminated against him because he has an alcohol problem, which is considered a disability.

Under the American …

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EPLI: Worker Wage & Hour Lawsuits Continue to Set Records

EPLI Worker Wage & Hour Lawsuits Continue to Set RecordsWorkers filed a record number of wage and hour lawsuits during the federal fiscal year 2015 that ended September 30, according to Seyfarth Shaw, a law firm that analyzes data from the Federal Judicial Center. There were 8,781 cases filed in fiscal 2015, which reflects an 8% increase over last year.

“New federal labor regulations, the fight for a minimum wage hikes and an intense focus on independent contractor classification …

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Employment Practices: New Gender-Equity Laws Take Effect in NY in 2016

Employment Practices New Gender-Equity Laws Take Effect in NY in 2016Last month, New York Governor Andrew Cuomo signed into law a series of bills that expand the state’s gender-based employment protections. The bills are part of a legislative package, known more commonly as the Women’s Equality Act, and take effect on January 19, 2016. Here is a brief rundown of each law to help employers in New York remain in compliance.

Expanded Equal Pay Protections

The first bill in …

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Review Your HR Practices on Employment Background Checks

Review Your HR Practices on Employment Background ChecksIn the past, we have written about the use of employment background checks and the importance of complying with state and federal laws to avoid finding yourself in violation of employment practices. This issue continues to be an area of concern for companies as exemplified by BMW’s recent consent decree with the Equal Employment Opportunity Commission (EEOC) to pay $1.6 million and offer to hire dozens of people previously rejected …

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EPLI: Terminating Employees in the Age of Lawsuits – Part I

EPLI Terminating Employees in the Age of Lawsuits – Part IBreaking up is hard to do, and this includes terminating an employee. But sometimes you’ve got to do it, as it’s absolutely necessary to the productivity and growth of a business. What’s important when firing an employee is that it’s done in the most ethical and professional way possible, and that certain protocols are followed. This not only lessens the blow to the terminated employee, but it also preferably leaves …

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