Tag Archives: Employment Practices

Prompt HR Investigation Into Harassment Cases Key: Employer Liability

Prompt HR Investigation Into Harassment Cases Key Employer LiabilityIn a previous article, “The Risk of Third-Party Sexual Harassment of Employees”, we discussed the potential exposure employers face regarding employee allegations of harassment by non-employees. We spoke of the need for organizations to investigate such incidents immediately in addition to taking prompt corrective action to help stem lawsuits. Regardless of the source of the sexual harassment – whether by a supervisor, co-worker or third-party (customer, vendor, etc.), …

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EPLI: The Risk of Third-Party Sexual Harassment of Employees

EPLI The Risk of Third-Party Sexual Harassment of EmployeesEmployers realize the potential liability of an employment practices liability suit when an employee is sexually harassed by another employee and measures are not taken to mitigate and correct the problem. Employee handbooks need to specifically outline a company’s policies and procedures and clearly state adherence to regulations, which most employers also understand. But there is another related risk that is perhaps less well known. A similar liability exposure can …

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EPL: New DOL Interpretations, FSLA and Wage & Hour Claims

EPL New DOL Interpretations, FSLA and Wage & Hour ClaimsThe Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, record-keeping, and youth employment standards affecting employees in the private sector and in federal, state, and local governments. Over the last two years we have seen a rise in wage-and-hour claims brought under the FLSA and state law for overtime compensation and minimum wage violations. In 2014, in fact, some states FLSA cases encompass nearly half of all employment …

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Employment Practices Liability Insurance: Get the Policy You Need

Employment Practices Liability Insurance Get the Policy You NeedThere is a wide range of employment practices-related issues that an employer must address – from policies and procedures that help prevent allegations of discrimination (racial, gender, disability), sexual harassment, retaliation and wrongful termination, among others. But when a claim does arise alleging some type of violation of federal or state employment law, Employment Practices Liability Insurance (EPLI) is designed to respond. In recent years, increasingly more businesses, including small …

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Employment Practices Liability: Avoiding HR Mistakes

Employment Practices Liability Avoiding HR MistakesWe often discuss the employment practices pitfalls businesses across all industry segments face, increasingly so with a tighter regulatory and legislative environment. From employee claims alleging religious discrimination to sexual harassment and other unlawful practices, employers must be vigilant with their hiring practices and workplace policies and procedures. Following are just some of the common HR mistakes to avoid that can serve to minimize employment practices lawsuits.

  1. An outdated employee
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Employment Practices: Head Scarf Ruling and Workplace Discrimination

Employment Practices Head Scarf Ruling and Workplace DiscriminationThe Supreme Court (8-1) recently ruled that Abercrombie & Fitch violated the nation’s ban on religious discrimination after the retailer didn’t hire a Muslim teenager who wore a headscarf known as a hijab to her interview. What does this mean for businesses and their hiring and employment practices?

Here are the basic facts of the Abercrombie & Fitch case: Samantha Elauf applied for the sales job in in 2008 at …

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Employment Practices: Be Aware of Your State Laws on Background Checks

Employment Practices Be Aware of Your State Laws on Background Checks The legality of employee background checks has been a front-and-center issue for employers, especially after the Equal Employment Opportunity Commission (EEOC) and the Federal Trade Commission (FTC) last year released two short guides explaining how both agencies’ respective laws apply to background checks performed for employment purposes. These agencies may have offered clarity on the issue of employee background checks but it’s important to know your state’s rulings and the …

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UPDATE: EEOC Releases Proposal Details on Wellness Incentives

UPDATE EEOC Releases Proposal Details on Wellness IncentivesEEOC Seeks to Reconcile ADA & ACA Compliance for Workplace Wellness Plans

Over a week ago we wrote about the EEOC’s proposed new rule to clarify the implementation of workplace wellness plans and mitigate the potential for conflict between the American with Disabilities Act (ADA) and the Affordable Care Act (ACT). Now, the Equal Employment Opportunity Commission has made the proposed rules public.

In its proposed rules, the EEOC suggests …

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The Importance of Getting the Right Cyber Insurance Policy

Work with Cyber Insurance Experts to Buy the Right CoverageWork with Cyber Insurance Experts to Buy the Right Coverage

Sony is the latest high-profile company that has kept the ever-emerging risk of risk in the spotlight. As a result of the spate of publicized data breaches, not only do you have companies looking at implementing increased security measures but also many rushing to purchase cyber liability insurance. Of course, purchasing the right type of policy depends on the …

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Employment Practices: How to Prevent Workplace Discrimination Suits

Employment Practices How to Prevent Workplace Discrimination SuitsEmployment Practices: How to Prevent Workplace Discrimination Suits

In 2012, seven employees out of 15 terminated at a firm in Texas were over the age of 50 and replaced by younger, less experienced workers in some cases. The company claimed this was part of its overall restructuring after a new CEO stepped in. The terminated employees viewed the firing differently, and have a filed an age discrimination case against their …

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