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Tag: employment law


Research

Independent contractor injured in fall sues for negligence

November 23, 2022

Via: HRD America

The doctrine in the case of Privette v. Superior Court (1993) is grounded on the presumption that an independent contractor’s hirer generally delegates to the contractor responsibility for supervising the job, including the duty to look after employees’ safety. Kimco […]


Research

Former Employee Could Sue Company over Data Breach

November 21, 2022

Via: SHRM

The 3rd U.S. Circuit Court of Appeals held that a former employee of a biopharmaceutical company could sue the company for a data breach that resulted in the publication of her sensitive personal information on the dark web. Rejecting the […]


Research

Irvine, Calif. Boasts New Protections for Hotel Workers

November 18, 2022

Via: SHRM

In what some may consider an unexpected development, the City of Irvine, Calif. is set to implement a new ordinance that will require Irvine hotels to follow stringent workplace safety rules for their employees. The ordinance parallels the hotel worker […]


Workplace wellness

Should Your Workplace Require Flu Shots?

November 7, 2022

Via: SHRM

The U.S. Centers for Disease Control and Prevention (CDC) recently reported the start of the most severe flu season in over a decade, leading employers of all types to decide whether they should mandate flu shots for their workforce. The […]


Research

Employers Can’t Guarantee Complete Confidentiality in Investigations

November 3, 2022

Via: SHRM

Protecting the confidentiality of complainants and others participating in workplace investigations is a tightrope act for investigators. They need to provide assurances of confidentiality to the extent possible without guaranteeing complete confidentiality. This article provides tips on walking this fine […]


Research

Jury Finds Employer Didn’t Retaliate Against Worker who Filed Complaint

November 3, 2022

Via: Small Business Trends

Ajury returned a verdict for an employer, a subsidiary of a publicly traded life sciences company, finding that a former employee did not meet his burden of proving he was terminated in retaliation for engaging in False Claims Act (FCA)-protected […]


Research

What Employers Need to Know About EEOC’s New Mandatory Workplace Poster

October 26, 2022

Via: SHRM

Businesses with at least 15 employees need to replace their workplace discrimination poster with a new poster that the U.S. Equal Employment Opportunity Commission (EEOC) recently published. Although the EEOC issued the initial update on Oct. 19, you should note […]


Communication, Development & Evaluation

4th Circuit Revives Harassment Claim Based on Child’s Racist Slur

October 25, 2022

Via: SHRM

In this case, the 6-year-old grandson of the business owners allegedly called an employee the “n-word” on three occasions. The 4th U.S. Circuit Court of Appeals rigorously reviewed the factual record and considered whether the owners’ family could have done […]


Development & Evaluation, Employee retention

Employees’ Testimonies Provide Adequate Sampling to Establish Employer’s Pay Practices

October 18, 2022

Via: SHRM

The 1st U.S. Circuit Court of Appeals affirmed a lower court’s admission of employees’ testimonies to establish the employer’s pay practices by finding that the testimonies represented an adequate sampling of the employer’s workforce. The stonemasonry business is seasonal, starting […]


Research

Livestock Structure Builders May Not Be Exempt from FLSA

October 18, 2022

Via: SHRM

An employee who worked under the H-2A visa program for agricultural workers arguably did not fit within the Fair Labor Standards Act (FLSA) exemption for agricultural employees, according to a 7th U.S. Circuit Court of Appeals decision. Signet Builders Inc. […]


Research

Supreme Court Will Clarify Scope of Attorney-Client Privilege

October 14, 2022

Via: SHRM

The attorney-client privilege affects which communications between HR and attorneys as well as executives and counsel are confidential; some communications are, but others are not. The U.S. Supreme Court will clarify when “dual-purpose communications” are shielded from disclosure during litigation. […]


Research

Employee Handbooks: Can There Be a Uniform Approach for Multistate and International Employers?

October 14, 2022

Via: SHRM

Multistate employers often face the difficult task of finding the most effective way to prepare their handbooks while ensuring compliance not only with federal law, but also with the applicable state, local, and even international laws of the jurisdictions in […]


Communication, Development & Evaluation

Viewpoint: A Trip Through the Politics-at-Work Minefield

October 13, 2022

Via: SHRM

Here’s the scene: You’re an HR professional, and you realize the 2022 midterm elections are less than a month away. You start thinking about how you can prevent the great political divide from becoming a great workplace divide. As you […]


News

Starbucks Faces Claims of Labor Law Violations

October 13, 2022

Via: SHRM

Starbucks is defending itself from claims that it has engaged in unfair labor practices at several sites in response to unionization efforts. A National Labor Relations Board (NLRB) judge recently concluded the company violated the law in Michigan. The company […]


Development & Evaluation, Employee retention

Trends in Accommodating Employees with Disabilities

October 12, 2022

Via: SHRM

Much has changed in the world of work since the federal Americans with Disabilities Act (ADA) was passed in 1990. Among those changes are the widespread ripple effects of the COVID-19 pandemic, a huge increase in remote work and higher […]


Research

California Employers Face Challenges Under New Law Prohibiting Retaliation During Emergencies

October 6, 2022

Via: SHRM

California employers will soon be prohibited from taking adverse action against employees who refuse to report to a workplace during an emergency condition, according to a bill Gov. Gavin Newsom signed into law on Sept. 29. While some of the […]


Development & Evaluation, Employee retention

Limits to Scheduling Flexibility Did Not Show Discriminatory Motive

October 4, 2022

Via: SHRM

An employee who violated a paid-time-off (PTO) policy was not retaliated against for time off due to her disabilities, the 7th U.S. Circuit Court of Appeals ruled. In 2017, Brooks Life Science Inc. hired the plaintiff, a Black woman who […]


News

Doctor alleges hospitals retaliated after he made whistleblower complaints

September 29, 2022

Via: HRD America

In a recent case before the California Court of Appeal, a surgeon claimed that the hospitals employing him subjected him to unlawful retaliation after he made whistleblower complaints regarding patient safety concerns. The plaintiff in the case of Bonni v. […]


Development & Evaluation, Employee retention

Disability Bias Claim Remains After Workers’ Compensation Decision

September 26, 2022

Via: SHRM

A decision by the California Workers’ Compensation Appeals Board (WCAB) denying an employee’s claim of disability discrimination under Labor Code Section 132a did not prevent the employee from going forward with her claims of disability bias and failure to provide […]


Development & Evaluation, Employee retention

Employee Benefits to Support Family Caregivers

September 22, 2022

Via: SHRM

When a family member is seriously ill, unpredictable caregiving needs can make it difficult for employees to juggle their work and home responsibilities. Depending on the illness, caregiving needs might stretch on for many years or even decades while the […]