Governor Newsom Signs New 2020 Employment Laws

HRWatchdog

In 2019, the California Legislature and Governor Newsom enacted 870 bills. Sunday, October 13, 2019, was the last day for Governor Gavin Newsom to either sign or veto legislation that the California Legislature passed in 2019.

CalChamber-Opposed Employment Law Bills Await Action by Governor

HRWatchdog

October 15 is the last day for the Governor to act. Quite a few employment-related bills have passed the Legislature. Five bills that could significantly affect California employers are on the Governor’s desk awaiting review and action.

Retaliation—The Marcia Brady Of Employment Law

HR Daily Advisor

If middle child Jan Brady from the TV show the Brady Bunch were an HR manager, she’d scream “Retaliation, Retaliation, Retaliation!” neither can employers seem to escape claims of retaliation by their employees. However, she didn’t address any of the accusations made against her.

Handling sexual harassment when the offender’s the big boss

HR Morning

How should you respond if an employee accuses one of your company’s leaders of sexual harassment? Progressive Women’s Leadership shares important insights in its e-guide, “ Women Leaders Share What’s Working: New Ways to Prevent Sexual Harassment.”.

EEOC releases sexual harassment stats one year after #MeToo

HR Morning

It’s been a year since countless stories of workplace sexual harassment started making headlines, and new data suggests the number of harassment complaints and lawsuits won’t be declining any time soon. . This is the first time this number has gone up in five years.

EEOC outlines 4 new approaches to fight workplace harassment

HR Morning

Workplace harassment is virtually an epidemic these days — the EEOC says a third of the nearly 100,000 charges it receives annually now include a harassment allegation. But the agency’s taking steps to help both workers and managers handle the problem.

High Profile or Not, Sexual Harassment Claims Require Employer Action

HR Daily Advisor

Sexual harassmentthe subject has exploded in recent weeks as people from all walks have spoken up about a menacing workplace problem. Over the years, he had even paid to settle several sexual harassment claims without the company taking action. Employer Response.

Maine Imposes New Harassment Training Requirements, Increases Violation Penalties

HR Daily Advisor

With the #MeToo movement seemingly everywhere in the news, it’s important for all employers to review their sexual harassment training practices. Training Checklist. The law now specifically delegates authority to the MDOL to enforce its requirements.

EEOC Seeks Input on Guidance Addressing Unlawful Harassment

HRWatchdog

Yesterday, the federal Equal Employment Opportunity Commission (EEOC) stated that it is seeking public input on a proposed enforcement guidance addressing unlawful harassment under federal anti-discrimination laws. Learn more about what HRCalifornia can do for you.

Company Freed from Liability in Harassment Case Based on Prompt Complaint Response

HR Daily Advisor

On June 25, 2018, the 11th Circuit held that a district court did not err in rejecting a jury verdict in favor of an employee on her sexual harassment claim and granting judgment in the employer’s favor. That same day, she filed a complaint with her employer.

Resist assuming that employee’s disability might cause a safety hazard

Business Management Daily

Challenging a disabled employee’s capacity for work can backfire badly, especially if it looks as if the decision to challenge was really based on disability discrimination and harassment. Recent case: Joseph went to work at the U.S. ADA requires training accommodations, too.

Keeping up to date on 6 critical HR activities

HR Morning

How can you find the information you need to be sure you’re compliant with changes in relevant laws and regulations? Remember, hiring is HR’s greatest responsibility and the source of greatest value to any organization. Also look for law firm blogs, articles and other resources.

Employment Law: 3 Compliance Mistakes You Don’t Know You’re Making

Insperity

One of the biggest mistakes you can make as an employer is underestimating the importance of compliance with employment laws. The cost of being audited and found in non-compliance may be more than your business can bear. And if you think that you’re not affected by most laws and regulations because of the number of employees you have, think again. Let’s look at three of the most common compliance mistakes. Overtime pay laws.

EEOC sees retaliation workload rise: How to stay off its radar

HR Morning

The increase in sexual harassment charges filed with the Equal Employment Opportunity Commission have made headlines this fall, but that’s not the only eye-opening statistic coming out of the agency.

DFEH Issues Important Guidance On Investigating Harassment Complaints

HR Daily Advisor

On May 2, 2017, the California Department of Fair Employment and Housing (DFEH) released its Workplace Harassment Guide, which advises employers how to develop an effective antiharassment program, respond to and investigate claims of harassment, and take appropriate remedial actions.

EEOC Chair Not Seeing Wave of Harassment Claims in Wake of #MeToo

HR Daily Advisor

With the #MeToo movement continuing to gain steam, an increase in the number of sexual harassment claims made to the Equal Employment Opportunity Commission (EEOC) might be expected. Uptick May Be on the Way. Tips for Employers.

Is Arbitration Of Harassment the Best Course Of Action?

LaborSoft

is arbitration of harassment claims the best course of action? Coming off the heels of this victory, employers have been structuring contractual relationships, including many with independent contractors, with arbitration programs to resolve work-related issues.

Learn How Autozone Avoided Liability in a Recent Sexual Harassment Case

HR Daily Advisor

The U.S. Court of Appeals for the 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—has held that liability cannot be imputed to an employer for a manager’s alleged sexual harassment when the manager lacked decision-making authority over the employee.

Stakeholders Get More Time to Comment on EEOC Harassment Guidance

HR Daily Advisor

Stakeholders now have until March 21 to comment on a proposed antiharassment guidance from the U.S. Equal Employment Opportunity Commission (EEOC). Given the change in administration, it makes sense to provide stakeholders with more time, he said. Harassment President Trump

Quitting is for Quitters—and It Leads to Liability

HR Daily Advisor

In the last several months, we’ve seen continuing coverage of the #MeToo movement as well as the disclosure of new scandals, including the controversy that embroiled CBS News and its former CEO, Les Moonves. The S ales Pitch. Employment Law #metoo

Fired Learning Consultant with Performance Problems Points to Racial Bias

HR Daily Advisor

A recent case highlights the importance of making sure that supervisors and managers are properly trained on documenting performance problems and personnel decisions. Seeking a promotion, he applied for three internal learning solutions consultant (LSC) positions.

Religious Discrimination Hazards on the Rise

HR Daily Advisor

Religious discrimination hasn’t been a major concern for employers in recent years. There’s little case law on the subject and religious-based complaints rank low in the government’s charge statistics. In the late 1990s, such claims made up only about 2% of the U.S.

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

HR Morning

For the first time since 1998, the EEOC has issued enforcement guidance on what it considers workplace retaliation. So far, the guidance is just a proposal (the EEOC’s accepting comments on it until Feb. The game plan. Best practices for employers.

Sexual Harassment Prevention: The Easiest Thing to Teach and the Hardest Thing to Accomplish

HR Daily Advisor

After 5 years of paying off Bill O’Reilly’s sexual harassment accusers—giving $13 million to five of them—Fox gave O’Reilly the ax more abruptly and shockingly than King Joffrey did to Ned Stark in Game of Thrones.

English-Only Policies Are Presumptively Unlawful Under New FEHA Regs

HR Daily Advisor

California leads the United States in foreign-born and non-English- speaking residents. According to data from the U.S. As a result, workplace protections addressing national origin require particular attention in the Golden State.

Same job, different pay: Why court says it’s OK to pay women less

HR Morning

In the past, a number of courts have ruled that relying too heavily on women’s past salaries can easily violate laws like the Equal Pay Act (EPA). But a recent ruling appears to throw a wrench in the gears of the equal pay movement.

From the courtroom: Firing an employee do’s and don’ts

Business Management Daily

The steps to firing an employee are full of legal landmines. Take these four recent court cases that highlight the right way to fire, and the wrong. Whether it’s a new employee who isn’t working out, or you suspect FMLA abuse , proper documentation is the best thing to have on hand if you end up in court. Document specific problems before firing. The court dismissed the lawsuit, reasoning that the employer had legitimate discharge reasons.

How to support workers with ‘hidden’ disabilities

cipHR

While many HR professionals might be confident in their knowledge of employment law related to more common, visible disabilities such as mobility problems, so-called ‘hidden’ disabilities – such as dyslexia and autism – pose a much greater challenge. In a recent CIPHR employment law seminar, Matthew Huggett, partner at Carbon Law Partners , explained how employers can best support people with these conditions. . What does the law say?

Workplace Discrimination and Harassment: Are Your Managers Ready?

Insperity

New lawsuits from the Equal Employment Opportunity Commission (EEOC) – such as the recent sexual orientation cases covered by the mainstream media) – may have you asking: What are some things that my managers can do to avoid them? Training is the answer. They’ll be the ones receiving and processing the complaints. 8 Key Equal Employment Opportunity (EEO) training topics for managers. Here’s a list of the key topics.

EEOC explains rights of employees with mental health conditions

HR Morning

The EEOC continues to issue resource guides for employees suffering from various health conditions to let them know the job protections and benefits available to them under the Americans with Disabilities Act (ADA). What employers need to know.

Arbitrary maximum leave policy, disability discrimination costs retailer $8.6 million

HR Morning

Think the feds aren’t serious about enforcing laws against disability discrimination? The U.S. Equal Employment Opportunity Commission (EEOC) announced the consent decree, which was approved by U.S. post documentation related to this settlement.

EEOC Issues Enforcement Guidance On National Origin Discrimination

HR Daily Advisor

The Equal Employment Opportunity Commission’s (EEOC’s) recently released enforcement guidance on national origin discrimination covers issues related to employment decisions, harassment, and language issues. Employment Decisions. Harassment.

The Devastating Result of a Single Word

HR Daily Advisor

A car wash company provided its employees with a handbook setting forth its employment policies. The English version stated that the denial of the right to bring a PAGA action was severable if a court found the denial unenforceable.

Recordkeeping: What you must keep – and for how long

HR Morning

The trouble with recordkeeping at a lot of companies: You don’t know how complete your records are until you get involved in litigation or an audit. To be on the safe side, many employment law attorneys recommend you keep everything for at least five to seven years after an employee has left.

Lessons Learned from Uber’s HR Nightmare

Stratus

A recent blog post from a former Uber engineer is an HR nightmare, with allegations of harassment, sexism, discrimination and power struggles in what she details as “a strange, fascinating, and slightly horrifying story.” Fowler was offered to either switch teams or face a likely “poor performance review” from this manager, for which the HR rep insisted would not be considered retaliation if she chose to stay.

Employee Voluntarily Quits, Could She Be Eligible for Unemployment Benefits?

HR Daily Advisor

Was the employee entitled to unemployment benefits? In October, Shiloh learned that certain data Raegan had supposedly entered into the computer had gone missing. While Shiloh investigated her report, it asked her to take some time off.

Was Inconsistent Treatment of Asian USPS Worker Discrimination?

HR Daily Advisor

In 1997, the Equal Employment Opportunity Commission (EEOC) accepted 16,394 charges alleging retaliation under Title VII of the Civil Rights Act of 1964, but that number swelled to 33,082 in 2016. As a result, she left and didn’t report to work the following day.