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Employment Law

Drivers, forklift operators win $17.7 million in age-bias suit

02/22/2012
Six Los Angeles-area soda company employees will share a whopping $17.7 million in damages awarded after they successfully sued the Dr Pepper Snapple Group and related companies for age discrimination.

Employee resigns in the middle of litigation? Courts unlikely to order you to change policies

02/22/2012
When courts find that an employee has been discriminated against, they often order the employer to end the practice or policy that was the basis for the lawsuit. But when the employee voluntarily quits before the case is over, that remedy isn’t available.

Employee has complained about discrimination? He still has to follow all legitimate rules

02/22/2012

After an employee files an EEOC or internal discrimination complaint, it’s natural for him to worry about retaliation. Every move by a supervisor or HR will be filtered through that lens. You need to be on guard against retaliation, too.

Beware harassment suit when boss has affair

02/22/2012
Under California law, a supervisor’s affair (and presumed favoritism) with a subordinate may be grounds for a hostile work environment claim by other subordinates.

Audit hiring patterns to spot hidden age bias

02/22/2012

When employers choose the youngest candidate for a job, older candidates may suspect age bias played a role. That could mean a lawsuit is looming. If a disappointed applicant sues, it won’t help the employer that the overall candidate pool included many older applicants. What matters is who was selected.

Automatic pay deduction for lunch: Is it legal?

02/22/2012
You don’t have to pay hourly employees for meal breaks of 30 minutes or more, as long as they are completely relieved of their duties during the break. Many employers automatically de­­duct the meal period from time worked. But make sure there’s an easy way for employees who occasionally work through their meal breaks to report the additional paid time.

Older worker’s pay maxed out? That’s not bias

02/21/2012
If your company has established top pay levels for each job classification, you probably end up giving some long-tenured (and, therefore older) em­­ployees smaller raises than less-experienced employees. But those older workers won’t be able to successfully claim age discrimination, as long as you can explain that the pay difference is due to your clearly documented wage schedules.

OSHA’s Whistle-Blower Program

02/18/2012

HR Law 101:  OSHA’s special whistle-blower program is designed to protect workers who report employer wrongdoing or dangerous conditions. Under the program, employers may not retaliate or discriminate against workers who file complaints with OSHA …

Are there incentives for hiring vets?

02/15/2012
Q. We are aware of the increasing number of veterans who are returning to the workforce and applying for positions. We are interested in hiring veterans and would like to know if there are any incentives for hiring them.

How did the new law change USERRA?

02/15/2012
Q. How does the recent amendment to the Uniformed Services Employment and Re­em­ploy­­ment Rights Act (USERRA) affect employers?