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Promotions and age discrimination

09/01/2007

Q. We are reviewing two employees for a promotion, one is 55 and the other is 45. We are concerned that if we select the younger employee, we will be charged with age discrimination. Are we safer selecting the older employee, assuming both candidates are qualified for the job? …

Congress considers redrawing the lines between employees and independent contractors

09/01/2007

The title of recent congressional hearings—“The Misclassification of Workers as Independent Contractors”—says it all. Some in Congress are looking to change the Fair Labor Standards Act to further define who is an “employee” and who is an “independent contractor” …

Required time limit for job postings?

09/01/2007

Q. We post all open positions on our web site. Is there a law (or at least a guideline) that requires jobs be posted for a certain period? We post most jobs for five days, but leave them posted for 10 days if it’s a position for which we have few minorities apply. No one knows why. Should we continue? —D.M., Missouri …

Track all position openings and note who applies

09/01/2007

Do you keep a close record of all company job openings, how they’re posted and who responds? You should. Good records are the best way to show you didn’t purposely exclude from a promotion opportunity anyone who was qualified—or to show that they never applied in the first place …

Must we grant time off for rehab?

09/01/2007

Q. An employee recently confided to us that he has a drug problem and would like to take several weeks off to participate in a rehabilitation program. Does the California Labor Code require us to grant him time off?

No unemployment for substitute teachers who turn down equivalent positions

09/01/2007

Employees who work for educational institutions on a temporary basis from semester to semester—substitute teachers, for example—may be eligible for unemployment compensation if they are offered a substantially different position (with lower pay) the next term. But if the new assignment is essentially the same as the previous assignment, they can’t refuse the offer and receive unemployment compensation …

Court finds Del Monte didn’t cook promotion decisions

09/01/2007

A Pittsburgh system/supply analyst sued Del Monte Foods for race and age discrimination after being passed over for several promotions despite excellent reviews …

New Jersey employers targeted for IRS contractor audits

09/01/2007

New Jersey employers that use independent contractors should make sure all their documentation is in order. New Jersey is part of a pilot project initiated by the IRS to identify employers that provide 1099 forms for contract workers who should be paid as employees …

Catch reverse discrimination before it becomes federal case

09/01/2007

Is your organization going through a transition period marked by discharges and new hires? If so, take a quick look at your pre- and post-transition work force composition. If the diversity of your work force has changed dramatically, you may need to consider the possibility of a federal lawsuit hitting you next. If this sounds familiar, rethink your strategy before it’s too late …

EEOC ruled against you? Don’t simply settle

09/01/2007

In EEOC hearings, employers get a chance to defend their actions, and the agency often concludes that the employer did no wrong. But what about instances when the agency sides with the employee? Should you immediately accept defeat and settle the case? Not if you’re settling because you’re worried that the EEOC decision might become part of a federal lawsuit …