New California Employment Laws Effective Now, Coming January 1

HRWatchdog

It’s the first day of October, which means the leaves are starting to turn red and orange, pumpkin spice is everywhere, everyone is looking longingly at their sweaters — and new employment laws are here! COVID-19-Related Laws.

Governor Newsom Signs New 2020 Employment Laws

HRWatchdog

Employers need to be aware of a few significant new 2020 employment laws that may affect their daily business operations, policies and employees. Some new laws make significant changes while others make smaller changes to existing law. Expanding Statute of Limitations for FEHA Claims: Someone alleging violation of the Fair Employment and Housing Act (FEHA) currently has one year to file a complaint with the Department of Fair Employment and Housing (DFEH).

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Employment Laws Every Growing Organization Should Know About

ScaleHRO

Along with adding employees—which may change the feel of your culture as well as your floorplan—your organization may become subject to federal and state laws that take effect once you have a certain number of employees. Most employment laws apply to organizations based on the number of people they employ, so as you grow, it’s vital to keep up-to-speed on any laws that newly apply or will soon apply to your organization.

From Marijuana To #MeToo—Top Employment Law Updates For 2019

PlanSource

This article is a recap of a recent webinar featuring Kate Bischoff from tHRive Law & Consulting. Employment law changes tend to come in waves, driven by public perceptions of what’s fair for workers. We’re only a quarter through 2019 and employment law is already changing at a rapid pace, with an increasingly widespread commitment to greater pay equity, access to paid leave, and protection from harassment and discrimination.

?An Introduction to Global Employment Law

New to HR

While we have countless country and labour laws protecting our interests based on not only culture but societal needs, newer countries to the stage offer their own challenges as lawyers and HR professionals work to foster aligning business practices globally without offending the needs of specific cultures and their inherent identity. A fully global employment law does not exist. Instead, local companies are bound to their country’s domestic law.

Hot Topics in Employment Law

Paycor

Wage & hour violations, family leave, discrimination, harassment – these topics continue to generate conversation throughout workplaces across the country. For that reason, it’s important for supervisors and managers to understand the basics of employment laws and regulations to maintain proper compliance. At-Will Employment. Most organizations will define their employment policies in an employee handbook or manual , a job application or contract.

Working parent discrimination may be the newest legal headache for employers

Business Management Daily

Working parent discrimination may be the newest legal headache for employers. Researchers are now also examining the long-term effects on female employment as well. In response to the pandemic, government officials urged employers to allow employees to work from home.

Join Our “Young” Team? Hello, Age Discrimination

Evil HR Lady

but it’s definitely sending out a message that if you’re old, don’t bother applying–you won’t be a good cultural fit. I don’t know much about Canadian employment law, but I assumed age discrimination is illegal there, and I’m right.

Supreme Court cases focus on Title VII sex discrimination expansion

Business Management Daily

On October 8 it will hear three cases that test the limits of Title VII’s sex discrimination clause. The justices will consider whether sexual orientation and transgender discrimination are illegal sex discrimination under Title VII. It may also expand discrimination protection based on sex stereotypes to include transgender discrimination. What is sex discrimination? It bars discrimination “because of sex.”

Coordinating FMLA with Discrimination Laws

HR Daily Advisor

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves and policies, including those for short- or long-term disabilities. Pregnancy Discrimination. Genetic Discrimination.

What is GINA? The federal discrimination law you need to know.

Business Management Daily

GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. The federal law has been around for a decade, yet many employers still don’t know exactly how to comply. GINA essentially bars using genetic information in employment decisions and bars acquiring genetic information improperly. GINA bars employers from discriminating against or harassing employees based on their genetic information. GINA definition.

Seasonal Employment Laws: What You Need to Know for 2019

Zenefits

If you are hiring seasonal workers to help out for the busy holiday season, you might be wondering what the law requires of employers with regard to temporary employees. Q: Which employment and taxation laws apply to seasonal jobs? Employers still need to withhold for the Federal Unemployment Tax Act (FUTA) , Social Security, Medicare, and income taxes from seasonal employees’ paychecks. Q: How many hours per week is considered full-time employment?

New California FEHA Regulations ‘Clarify’ Definition of Employer

HRWatchdog

The Fair Employment and Housing Act (FEHA) now has a new counting method for the five-employee threshold. Heads up, employers — new Fair Employment and Housing Act (FEHA) regulations are now effective. In June 2019, the Fair Employment and Housing Council (FEHC) approved new regulations, which primarily seek to “clarify” the definition of employer that will determine when to apply the FEHA including the FEHA’s harassment prevention training requirements.

Which of you hot shot lawyers wants to join an employment law panel with me?

The Employer Handbook

It’s the Plaintiffs’ Employment Panel. You see, as of yesterday at 11:40 AM Eastern Daylight Time, I officially became the co-coordinator of the Plaintiffs’ Employment Panel for the United States District Court for the Eastern District of Pennsylvania. Did you mean to write Plaintiffs’ Employment Panel? Except, I’m not kidding about the Plaintiffs’ Employment Panel part. Discrimination and Unlawful Harassment Trials and Juries

Forced Pagan Ritual Ends in Discrimination Lawsuit for Virginia Employer

HR Daily Advisor

Whether you believe in demon possession or not, one thing is certain: The task is definitely not something for HR professionals! District Court in Norfolk, Virginia, drives this point home—and reminds employers to train managers and supervisors on discrimination and sexual harassment in order to avoid these types of lawsuits in the future. As most employment lawsuits start, Sally’s employment record was spotless until 2009 when she got a new supervisor, “Tom.”.

AI Hiring: Bias in the Code

HR Examiner

Unless there is a definitive effort to continue to introduce variability into the system, the model will discover and eradicate the variability. The law requires this. There is much work to be done to expand access to employment opportunity for all people. Just as we must constantly reassess our biases in employment and business practice, we have to do the same with machines.

Should Millennials Be Concerned About Age Bias – Ask #HR Bartender

HR Bartender

The regular conversations about generations in the workplace raise an issue for candidates, employees, and employers – age bias. Jon is also the author of the Ohio Employer’s Law Blog , which is in the American Bar Association’s Blawg Hall of Fame and which the ABA has recognized for the past six years as one of the top 100 legal blogs. we have a law protecting people from age discrimination. If in favor, what would you definitely leave off a resume?

Can You Refuse to Hire Someone for Speaking Out Against Discrimination?

HR Daily Advisor

The Washington Supreme Court recently held that job applicants have a claim under the Washington Law Against Discrimination (WLAD) when a prospective employer refuses to hire them in retaliation for their opposition to discrimination by a different employer. It likely doesn’t protect against all potential adverse actions taken by an employer. Takeaway for Employers. The post Can You Refuse to Hire Someone for Speaking Out Against Discrimination?

Uncoded Bias in AI Hiring

HR Examiner

Unless there is a definitive effort to continue to introduce variability into the system, the model will discover and eradicate the variability. The law requires this. There is much work to be done to expand access to employment opportunity for all people. Just as we must constantly reassess our biases in employment and business practice, we have to do the same with machines.

New Law Expands Definition of Registered Domestic Partnership, Add Flex Plan Notice Requirement

HRWatchdog

In keeping with the new year theme, today’s podcast includes two new “sleeper laws” that took effect on Jan. These laws have not been highly publicized or spoken about frequently in the news, yet are still important for employers to know. Starting January 1, 2020, California expanded its definition of “domestic partner,” which is a Fair Employment and Housing Act protected class. Prior to a new law that took effect on Jan.

Iowa Court Decision Blurs Definition of Disability in Workers’ Comp Cases

HR Daily Advisor

A recent decision from the Iowa Court of Appeals should cause Iowa employers to hit pause on routine decisions relating to workers’ compensation claimants. Iowa Department of Natural Resources , effectively dismantled the definition of “disability” for disability discrimination claims. In the case, an employee was terminated because the employer didn’t believe it could reasonably accommodate his permanent workers’ compensation restrictions.

Remind bosses: Reckless behavior can bring personal liability

Business Management Daily

Federal laws permit employees to sue their discriminating, cheating, or negligent employers. A few laws also let employees go after a manager or supervisor’s personal assets. Code part 42 Section 1981 first became law under the Civil Rights Act of 1866.

DOJ provides informative take on ADA amendments

HR Morning

The Department of Justice (DOJ) just issued a final rule amending the ADA — and there’s one aspect of the rule employers will want to pay particular attention to. . The final rule integrates the broad ADA Amendments Act ( ADAAA) definition of “disability” into the ADA. What employers shouldn’t do is engage in an extensive analysis of whether an individual’s impairment meets the definition of “disability.”

Courts rule on employers’ ADA accommodation limits: Key takeaways

HR Morning

Ever since the ADA went into effect, employers have been warned that virtually any condition can now fit the definition of a disability. But the ADA laws have limits, as two recent court rulings illustrate. a former worker filed a discrimination, failure to accommodate and retaliation suit after the company fired her within a few weeks of returning from FMLA leave. Failed to show discrimination.

Consensual relationships and sexual harassment: How to prevent liability

Business Management Daily

Consensual relationships in the workplace can spell big trouble for employers. What’s an employer to do? Plus, behavior once ignored or below the legal liability standard is increasingly exposing employers to the court of public opinion. That’s true even if the assailant is a customer or client if the employer had reason to know the risk. MeToo and the evolving definition of sexual harassment. He or she may later allege that’s discrimination.

California Moves to Amend Discrimination and Harassment Regulations

HRWatchdog

The California Fair Employment and Housing Council continues to move forward with proposed amendments to Fair Employment and Housing Act (FEHA) Regulations, and the public is invited to submit comments to the recent modifications. FEHA prohibits harassment and discrimination based on protected classes. Required content, dissemination and translation of harassment and discrimination policies. The definition of time off for purposes of pregnancy disability leave.

U.S. Supreme Court bars discrimination against LGBT employees

Business Management Daily

Supreme Court has ruled that employers cannot legally discriminate against employees based on their sexual orientation or status as transgender. Doing so is sex discrimination under Title VII of the Civil Rights Act. Employers covered by the Title VII must immediately implement policies that bar discrimination against gay and transgender workers. Title VII of the Civil Rights Act of 1964 prohibits discrimination based on sex. The U.S.

Is obesity a disability under ADA?

Business Management Daily

Final note: Some workers are protected from obesity discrimination; more may soon be. Michigan has banned obesity discrimination in employment since 1977. Weight discrimination is unlawful in San Francisco; Santa Fe, N.M.; Musculoskeletal injuries such as carpal tunnel syndrome, tendonitis and herniated disks cost employers more than $50 billion per year, according to the Centers for Disease Control. Discrimination and Harassment Employment Law

EEOC’s new retaliation guidance should concern you – and here’s why

HR Morning

In a 76-page document entitled, “ Enforcement Guidance on Retaliation and Related Issues , ” the agency outlines the standards it plans to use to prove retaliation under civil rights and anti-discrimination laws. While the guidance doesn’t make wholesale changes to how the EEOC views and seeks out retaliation, employers will want to pay attention to how it’ll make things easier for employees wishing to pursue retaliation charges.

New Guidance Shifts Federal Policy on Religious Liberty in Employment

HR Daily Advisor

New guidance from Attorney General Jeff Sessions on religious liberty in employment “signals a shift in federal employment law and policy,” according to an attorney who focuses on employment law. It identifies 20 principles that administrative agencies and executive departments are to use “to ensure the religious freedoms of Americans are lawfully protected,” according to a statement from the U.S. Employment Law discrimination DOJ EEOC Hobby Lobby

Court dismisses Google’s equal pay lawsuit, but company’s not off the hook yet

HR Morning

Specifically, Judge Wiss said the class status, which sought to cover “all women employed by Google in California” was too broad. According to Wiss, “This class definition does not purport to distinguish between female employees who may have valid claims against Google based upon its alleged conduct from those who do not.” The final outcome of this equal pay lawsuit could have implications for employers of all stripes, so we’ll keep you updated.

Employee grooming policies: Review yours with a fine-tooth comb

Business Management Daily

Grooming policies have long been a flashpoint for employers and employees. Employers prefer that employees sport professional hairstyles. When a professional hair grooming rule is interpreted to ban ethnic hairstyles, the end result may be hair discrimination. Hair discrimination usually occurs when specifically ethnic hairstyles like braids, cornrows, afros and other non-Eurocentric styles are deemed unprofessional. The law goes into effect on January 1, 2020.

New ADA guidance reveals 8 things employers need to know

HR Morning

The ADA’s interactive process has been one of the more vexing aspects of employment law recently. . Not only has the EEOC ramped up its oversight of this complex area, but the regulations surrounding the interactive process don’t paint a black-and-white picture of what exactly employers need to do. Interactive process: a definition. The benefit to employers.

5 Tips for Accommodating Depression, PTSD, and Other Mental Illnesses

HR Daily Advisor

The Equal Employment Opportunity Commission (EEOC) recently released information to help explain the workplace rights of employees with mental health conditions under the Americans with Disabilities Act (ADA). Tip #1: Don’t Get Hung up on Definition of ‘Disability’ Since the 2008 enactment of the ADA Amendments Act (ADAAA), it’s easier for an individual seeking protection under the ADA to establish that he has a disability within the meaning of the Act.

New Jersey Harassment Case Ruling Leads to New Definition of ‘Supervisor’ and Other Surprises

HR Daily Advisor

Court of Appeals for the 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently broadened the definition of “supervisor” for purposes of Title VII of the Civil Rights Act of 1964 and the New Jersey Law Against Discrimination (NJLAD), in an expression of the court’s opinion that went beyond the facts before it. She then filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The U.S.

Too Much Emoji? The Top 5 Mistakes to Avoid in the Workplace

HR Daily Advisor

” Emojis have no universal definition and are highly subjective. Emojis can also be easily misinterpreted and used as evidence in any discrimination case where intent is required. For instance, an exchange between a supervisor and other managers or HR on a 50-year old co-worker’s performance where the “dinosaur” emoji is used could readily support an age discrimination claim that the older worker is simply too slow—a dinosaur.

The opioid crisis: Is drug addiction a disability?

Business Management Daily

Drug addiction touches every employer, whether it’s finding applicants to fill open jobs or accommodating treatment and recovery. Employers absorb part of that cost in the form of lost productivity and higher healthcare costs. The opioid crisis is so pervasive that most employers have dealt with an addicted or recovering employee. Some employers have fired or refused to hire individuals based on their drug use. Employment Law Labor Laws

Report highlights employers’ biggest concerns: ACA, new bias claims and OT regs

HR Morning

Those are the takeaways from the 2016 Executive Employer Survey from Littler, the giant employment law firm. The fifth annual survey, completed by 844 in-house counsel, human resources professionals and C-suite executives from some of America’s largest companies, examines the key legal, economic and social issues impacting employers as the 2016 presidential election approaches. Where are the presidential candidates likely to land on employment policies?

Disability Discrimination: Kentucky Court Reinstates Fired Worker’s Case

HR Daily Advisor

The court found an employee’s complaint contained sufficient allegations of discrimination based on her disability and her use of medical leave to move forward toward trial. In December 2014, Allison filed a lawsuit that included allegations of disability discrimination and violations of the FMLA. The company asked the court to dismiss her lawsuit, arguing the allegations contained in her complaint were insufficient and didn’t assert any violation of any law.

Nike bolsters wages of 7K staffers to close pay gap: Will other firms follow its lead?

HR Morning

Nike just joined an increasing number of employers that are making sweeping pay changes in an effort to close the gaps between male and female employees’ paychecks and prevent bias problems down the road. . The move comes on the heels of the findings in an anonymous employee survey which revealed many female employees have experienced gender discrimination, as well as sexual harassment. Employment Law FLSA (Fair Labor Standards Act) Special Report