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According to the lawsuit, Diaz worked for the company as an elevator operator at the Fremont factor for nine months, from June 2015 to March 2016. During his tenure, he and other Black workers faced racism in the form of racial slurs from other employers, while some even found racist drawings left on their desks.
A federal judge in Aberdeen, Mississippi recently heard an employee’s claims that she was rescheduled to the graveyard shift as a result of discrimination and that she had been subjected to a hostile work environment. In February 2016, however, Covenant Dove informed Shirley that she would be moved back to her original late-night shift.
In Redmond, Washington, in 2016, that meant firing the employee who gave his co-worker a brownie laced with THC, the compound known to cause hallucinogenic effects, without telling him. “Oh, please don’t do that,” said Mike Hilley, who works with the paramedic that responded to the employer’s emergency call.
The EEOC’s latest proposed guidance covers a topic a lot of employers probably think they already know well: national origin discrimination. But the new guidance throws in a few wrinkles about what’s considered discriminatory — and how to stay in compliance — that employers need to know. .
Public comment is open until July 1, 2016! The federal Equal Employment Opportunity Commission (EEOC) has issued proposed enforcement guidance relating to national origin discrimination and is seeking public input prior to finalizing the guidance. Gail Cecchettini Whaley, CalChamber EmploymentLaw Counsel/Content.
Those are the takeaways from the 2016 Executive Employer Survey from Littler, the giant employmentlaw firm. As you well know, the Department of Labor (DOL) has advanced several regulatory initiatives that have brought the agency’s enforcement of federal employmentlaws to the forefront for employers.
I would like to know if I have the right to contact my employer regarding the outcome of an investigation. I was placed on suspension in November 2016. Remember, even tiny companies could be subject to state laws and local ordinances about discrimination and other issues. I haven’t heard anything.
Bottom line, if the staffing agency and client share responsibility, or the client retains the right to exercise control over these terms and conditions, a joint-employment relationship exists, Brinkerhoff says. Staffing and temp agencies: Choose the agency wisely—vet its knowledge and compliance with employmentlaws.
Here’s what I read this week: Discrimination. Matrix’s new experience data provides the first clear snapshot of employers’ ADA exposure — via Matrix Radar. EEOC Boasts “Substantial Progress” of Systemic Program — via Wyatt EmploymentLaw Report. And for that (and too many other reasons to list) we love him to pieces.
CalChamber’s new white paper explains important changes to employmentlaw. It’s already been a busy 2016 for employers, with lots of action from the California Legislature, federal and state agencies, local governments and our courts. Discrimination and Harassment.
This article is a recap of a recent webinar featuring Kate Bischoff from tHRive Law & Consulting. Employmentlaw changes tend to come in waves, driven by public perceptions of what’s fair for workers. The post From Marijuana To #MeToo—Top EmploymentLaw Updates For 2019 appeared first on PlanSource.
Co-employment and independent contractor misclassification. Discrimination. Of note, co-employment has another name, ‘joint employment’. Why is co-employment risk important to understand? Risks involved in co-employment include: Not classifying independent contractors correctly. Data privacy.
The California Chamber of Commerce today released the list of new employmentlaws scheduled to take effect in 2016 or earlier that will have an impact on businesses in California. The CalChamber also reminds employers that the minimum wage increases on January 1, 2016, to $10 an hour. Discrimination/Retaliation.
Lopez in Philly for the ABA Labor and EmploymentLaw Conference , we were able to catch up over burgers and these life-altering meatballs. Over lunch, we discussed lots of EEOC-related stuff, including LGBT rights — PS, we’ll talk more about that in December, and you’re invited — and systemic discrimination.
We are halfway through 2016, and it’s already been a busy year for employers with more action on the horizon. Amendments to California’s Discrimination and Harassment Regulations Take Effect April 1 (2,283) — The FEHA prohibits harassment and discrimination based on protected classes. Time flies! Katie Culliton, Editor.
It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). It’s the time employers must spend defending claims. It’s the expense of litigation.
We all understand that filing a discrimination charge with a government agency is protected activity, but one employee recently claimed that withdrawing such a charge is also protected. On August 3, 2012, the EEOC dismissed her charge without finding evidence to support her allegations of discrimination. Background.
New legislation in Nevada makes it the first state to prohibit employers from disqualifying candidates because of a failed drug screen for marijuana. Governor Steve Sisolak signed the new law on June 5. New York City recently passed a bill banning employers from using marijuana screening tests as a condition of employment.
beliefs The California Constitution requires nearly all public sector employes to swear or affirm to “support and defend the constitution of the United States and the Constitution of the State of California against all enemies, foreign and domestic.” 21-15660, Apr. Employees must also “bear true faith and allegiance” to those constitutions.
From mass layoffs to emerging technologies , an increasing number of topics are fueling compliance concerns from today’s HR leaders—and, starting this week, they have another area to focus on: pregnancy discrimination. Each of those existing laws have different purposes and protections.
AB 569 would prohibit an employer from taking an adverse action against an employee, an employee’s dependent or an employee’s family member based on the employee’s, dependent’s or family member’s use of any drug, device or medical service related to reproductive health. Governor Brown vetoed a similar bill in 2016. AB 978 (Limon).
Equal Employment Opportunity Commission (EEOC) secured more than $482.1 million for victims of discrimination in private, state and local government, and federal workplaces during fiscal year 2016, which ended Sept. The figures were contained in the EEOC’s fiscal year 2016 Performance and Accountability Report.
For the past five Noels, I’ve concluded my posting year with “The 12 Days of EmploymentLaw Christmas.” On the first day of Christmas, my employment lawyer gave to me. On the eighth day of Christmas, my employment lawyer gave to me. On the ninth day of Christmas, my employment lawyer gave to me.
By Chris Potter (Flickr: 3D Judges Gavel) [ CC BY 2.0 ], via Wikimedia Commons Yesterday, I blogged here about the most important employmentlaw decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here ). If you missed my post, well, it was long. 1,888 words long. It was an uphill battle.
Read on, because it remains critical that anyone who works with (or in spite of) California employmentlaws must keep himself or herself well informed. Of tremendous significance to the agricultural industry, AB 1066 enacts the Phase-In Overtime for Agricultural Workers Act of 2016, codified at Labor Code Sections 857 to 864.
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. However, that changed after she filed a charge of discrimination with the EEOC in May 2011. The cycle continued. Not for Nancy!
Some employers “still aren’t getting it when it comes to discriminating against employees with family responsibilities.”. Williams, founding director of the Center for WorkLife Law at the University of California, Hastings College of the Law, in a recent statement highlighting findings from a new UC Hastings study.
Lately, we’ve noticed that some state and local lawmakers are concerned that instead of removing bias, there may be a discrimination bias unintentionally rooted in hiring tools that use A.I. And at the federal level, while there is no federal law that regulates A.I., and algorithmic automation and its impact on discrimination bias.
By Chris Potter (Flickr: 3D Judges Gavel) [ CC BY 2.0 ], via Wikimedia Commons Yesterday, I blogged here about the most important employmentlaw decision of 2018. It’s a case called Minarsky v. Susquehanna County (opinion here ). If you missed my post, well, it was long. 1,888 words long. It was an uphill battle.
Employers feared that disability discrimination cases would skyrocket after Congress passed the ADA Amendments Act a few years ago. And the cost of the latest disability discrimination settlement: almost $1.6 Those fears are being realized. million. . Ignored doctor’s reports.
Yes, it’s 2016. Other 2015 employmentlaws and their impact on such topics as Pay & Scheduling , Leaves of Absences , Discrimination and many more. Also, CalChamber’s employmentlaw experts updated and modified any HRCalifornia forms, checklists or tools affected by new laws, regulations and court rulings.
But no matter the purpose behind mandatory flu shot policies, some employees likely will object, sparking questions among employers on whether they can legally require employees to get a flu shot. Mandatory flu vaccines are lawful, but there are several issues that you must keep in mind,” Jennifer S.
District Court in Norfolk, Virginia, drives this point home—and reminds employers to train managers and supervisors on discrimination and sexual harassment in order to avoid these types of lawsuits in the future. Then, in August 2016, things got weird. A recent lawsuit filed in the U.S. VeraPetruk / iStock / Getty Images Plus.
Be careful not to discriminate in your requests for documentation. The EEOC reports that in fiscal year (FY) 2016, almost 5,000 charges of discrimination were based on mental health conditions. And document every step in case you need to defend your actions later. Bottom Line.
With the start of the new year, now is a good time to remind employers of the priorities the Equal Employment Opportunity Commission (EEOC) stated that it will focus on throughout 2015 and 2016: Eliminating Barriers in Recruitment and Hiring. Enforcing Equal Pay Laws. Discrimination Harassment'
At an EEOC meeting in June 2016, Professor Cortina provided written testimony outlining the value of workplace civility training. Farrell, JD, is a Legal Editor for BLR’s human resources and employmentlaw publications. She is the editor of the ADA compliance manual— ADA Compliance: Practical Solutions for HR.
2016 to 2019. The gist: In 2016, Walmart began a transition to change its front of the store “Greeter” job description to include new responsibilities such as scanning receipts and checking shopping cart contents, assisting with returns and helping keep entrances clean and safe. Kleber won an initial ruling in April 2018.
Federal and state law both prohibit employers from taking adverse action against employees or job applicants who assert their right to be free from discrimination and harassment in the workplace. Topics explained in the new guidance include: The scope of employee activity protected by the law.
million in back pay and interest and provide additional relief to resolve allegations of systemic pay discrimination against women at its facilities in Alpharetta, GA, and Boca Raton, FL, the Department of Labor announced. During fiscal years 2015 and 2016, the company had millions of dollars in federal contracts with the U.S.
GINA, or the Genetic Information Nondiscrimination Act, outlaws genetic discrimination. The federal law has been around for a decade, yet many employers still don’t know exactly how to comply. GINA essentially bars using genetic information in employment decisions and bars acquiring genetic information improperly.
First up, Feedspot’s Top 100 Legal Blogs , which ranks yours truly at number 34 overall, and the top labor and employmentlaw blog. Third, Justipedia , which lists me as one of the Top Employment/Labor Attorneys to Follow on Twitter. Finally, The Expert Institute nominated the blog as one of 2016’s best litigation blogs.
Employers take note: after months of public comment and revisions, California’s Fair Employment and Housing Council adopted amendments to its Fair Employment and Housing Act (FEHA) regulations. Live Webinar: Amended FEHA Discrimination & Harassment Regulations for April 1, 2016. Date: Tuesday, March 29, 2016.
Employers are protected from lawsuits related, among other things, to drug testing or disciplining an employee including termination if that action was taken in a good faith belief that the employee used or possessed marijuana at work, while on duty or in violation of the Company’s policy. The law as it is today ( L.D.
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