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Employment Law

If process was fair, don’t second-guess your hiring decision

09/19/2008

Hiring decisions are tough, especially when you add the worry over whether rejected applicants may think you discriminated against them. But as long as you don’t actively conceal critical facts about whom you hired, rejected applicants have to move fast to sue …

Public employees must file USERRA claims in state court

09/19/2008

The 9th Circuit Court of Appeals has limited the way state employees can sue the agencies where they work for violating their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). State employees can’t go to federal court with their claims. Instead, they must sue in state court …

Employing agency determines where public employees’ whistle-blower suits will be heard

09/19/2008

The California Supreme Court has ruled that when and how state employees can file whistle-blower lawsuits depends on which agency they work for. For example, regular state employees can sue if they first ask for a ruling from the State Personnel Board …

Set clear job requirements to stop bias claims

09/19/2008

Employees who claim they were wrongly denied a promotion for some discriminatory reason (for example, based on race, age or some other protected characteristic) have the initial burden of proving they were qualified for the position they sought. The best protection employers have against such claims: clear, concise and accurate minimum job requirements …

DIR orders record fine for heat-related death

09/19/2008

California worker safety regulators fined Merced Farm Labor Contractor a record $262,700 for allegedly violating state regulations that required it to provide shade, water and breaks to its agricultural workers and to train supervisors and employees about how to lower the risk of employees suffering heat-related ailments …

Best Buy settles age bias suit claiming it favors younger workers

09/19/2008

Best Buy recently agreed to settle an age discrimination lawsuit with the EEOC that accused the company of failing to hire a 68-year-old applicant because of his age. Under the terms of the agreement, Best Buy will pay $17,500 to Reinhold Schouweiler on whose behalf the EEOC filed suit in 2007 …

Must we pay employee who takes family and medical leave to care for relative?

09/19/2008

Q. One of our employees will be taking a protected leave of absence to care for her ill mother. Are we required to pay her for the time off? …

Congress OKs bill to expand ADA’s definition of ‘disabled’

09/18/2008

Congress gave final approval on Sept. 17 to legislation that will bring more Americans under the umbrella of “disabled” under the Americans with Disabilities Act (ADA). President Bush said he’d sign the bill. The bill reverses several court rulings from recent years that had limited the scope of ADA protections …

Video résumés failing to catch on: Ahead of their time, or too hot to handle?

09/18/2008

Despite much discussion about their pros, cons and legal implications, video résumés aren’t yet catching fire with employers or employees. CareerBuilder recently discontinued its video résumé service. Recruiters have shown little demand for them …

DOL proposal calls for more disclosure about employers’ 401(k) fees

09/18/2008

New regulations proposed by the DOL would require fiduciaries of 401(k) plans to disclose more information to employees about plan-related fees and investment performance. The goal: Allow employees to “peek behind the curtain” of the fees they pay for their 401(k)s …