This post was authored by Elizabeth T. Arce.
In December 2011, a Macy’s employee was fired because she refused to allow a teenage transgender customer use of the women’s dressing area. Natalie Johnson, who worked at a Macy’s in …
Search Results for:
Performance Evaluations: Why It’s A Good Thing For Public Employers
Posted in Personnel Issues, Workplace Policies
In the corporate world, the practice of giving annual performance reviews to employees has come under attack in recent years. Leading business magazines and newspapers have printed articles advocating for the elimination of performance evaluations. There are even books in …
Holidays and the Workplace: Be Merry or Bah Humbug
Posted in Employment, Workplace Policies
Ready or not, the holidays are here. Not only are the holidays a time to reflect on the passing year, but also a time full of fun, festive celebrations. As you get ready for this season’s festivities at work, make …
Designating FMLA Leave in the Aftermath of Escriba v. Foster Poultry Farms
Posted in FMLA
When the Ninth Circuit Court of Appeals, which covers California, issued its decision in Escriba v. Foster Poultry Farms last year, the decision was viewed as a victory for employers. Now, however, the decision is raising more questions than answers …
Performance Evaluations: Why It’s A Good Thing For Public Employers
Posted in Personnel Issues, Workplace Policies
In the corporate world, the practice of giving annual performance reviews to employees is under attack. Leading business magazines and newspapers have printed articles advocating for the elimination of performance evaluations. There are even books in the marketplace that teach …
9th Circuit Says Control Is Key In Determining Independent Contractor Status
Posted in Employment
Many public agencies supplement their workforce with independent contractors. Since independent contractors who perform services are not employees, agencies do not have to pay them according to the requirements of the Fair Labor Standards Act (FLSA). If the contractor does …
Disability Related Inquiries Should Be Reviewed for ADA and GINA Compliance In Light of EEOC Informal Letters
Posted in Disability, Workplace Policies
The EEOC issued two informal discussion letters critiquing policies and forms used by unidentified public employers when making disability related inquiries of employees. Although informal discussion letters are not “official” EEOC opinions, they provide guidance on an employer’s legal obligations. …
Is Working From Home Really a Reasonable Accommodation?
Posted in Disability
This was the very question the U.S. Court of Appeals in Ohio was asked to consider in Equal Employment Opportunity Commission v. Ford Motor Company. The issue in this case is whether a telecommuting arrangement could be a reasonable …
What Happens in Vegas Might Be Covered by the FMLA
Posted in FMLA, Personnel Issues, Workplace Policies
The FMLA provides an eligible employee the right to 12 workweeks of leave to care for the employee’s spouse, child or parent with a serious health condition. Consequently, employers generally grant employee requests to use FMLA leave when their family …
5 Resolutions for the New Year
Posted in Employment, Personnel Issues, Workplace Policies
It’s that time of year again to reflect on this year’s achievements and set goals for the new year. With the beginning of 2014 upon us, we encourage personnel and human resources directors, managers and
1. Evaluate Your Agency’s Handling …
Holidays and the Workplace: Be Merry or Bah Humbug
Posted in Discrimination, Harassment, Workplace Policies
Back by popular demand! We are reposting this blog post in time for the holidays.
The holidays are a festive time to be shared with family, friends and even co-workers. Many employers also join in the celebrations by allowing employees …
Will the Supreme Court Follow California’s Lead Regarding Reasonable Accommodations For Pregnant Employees?
Posted in Disability, Workplace Policies
The U.S. Supreme Court is considering whether to hear the appeal of Peggy Young. She wants the Court to decide whether, and in what circumstances, the federal Pregnancy Discrimination Act of 1978 (“PDA”) requires an employer to provide work accommodations …
Unpaid Internship Saga Continues
Posted in FLSA, Wage and Hour
In February we reported on the growing number of lawsuits brought by unpaid interns against companies they worked with for failure to pay regular and overtime wages. The unpaid interns claim that these businesses treated them like employees. Consequently, the …
Common Pitfalls in Using 9/80 Schedules and How to Avoid Them
Posted in FLSA, Wage and Hour
Many public employers utilize 9/80 work schedules for non-exempt employees. A 9/80 work schedule is essentially a two-workweek schedule of eight 9-hour days, one 8-hour day, and one day off. However, once the 9/80 work schedule is implemented, there are …
Genetic Information: A Protected Classification for the 21st Century
Posted in Discrimination, Harassment, Hiring, Personnel Issues, Retaliation
In the 1997 science fiction film Gattaca, the main character Vincent lives in a futuristic world where success is based on an individual’s genetic profile instead of experience or education. Because Vincent’s genes are considered inferior, he assumes the …
Do Your Employees Know Big Brother May Be Watching?
Posted in Privacy, Workplace Policies
Harvard University recently had some explaining to do. Last fall, the University conducted an investigation into the source information leaked to the media about students at the Ivy League school who had cheated. The investigation included searching the work e-mail …
The Meaning of “Clothes” To Be Decided by U.S. Supreme Court
Posted in FLSA, Wage and Hour
Section 203(o) of the Fair Labor Standards Act excludes from the definition of hours worked time spent “changing clothes or washing at the beginning or end of each workday” if it has been excluded “by the express terms of or …
To Pay or Not to Pay: Legality of Unpaid Internships Is Questioned
Posted in FLSA, Wage and Hour
Employers have for years utilized unpaid internship programs to give students and recent college graduates a chance to gain work experience. However, since the recession began in 2008, a growing number of unpaid interns have accused their employers of exploiting …
5 New Year’s Resolutions for Public Employers
Posted in Employment, FLSA, Personnel Issues, Workplace Policies
With the beginning of each new year, we make resolutions that often involve improving ourselves: lose weight; eat healthier; get organized. The new year is also a good time for personnel and human resources directors, managers and analysts to resolve …
Nurse’s Unsuccessful FLSA Claim To Recover for Missed Meal Breaks Highlights Importance Of Having Overtime Reporting Procedures
Posted in FLSA, Wage and Hour
The U.S. Court of Appeals for the Sixth Circuit in Ohio recently issued a decision rejecting a nurse’s claim for compensation for missed meal breaks under the Fair Labor Standards Act (“FLSA”). Not only is the holding in White v. …
EEOC Wastes No Time Implementing New Enforcement Goals by Cracking Down on Pregnancy Discrimination
Posted in Discrimination, Personnel Issues
As part of its Strategic Enforcement Plan for 2012-2016 (“the SEP”), the U.S. Equal Employment Opportunity Commission (“EEOC”) identified the following five priorities for national enforcement in the private and federal, state and local government sectors:
1. Eliminating systemic barriers …
New California Laws Limit Access to Employee, Student Usernames and Passwords
Posted in Hiring, Legislation, Personnel Issues, Privacy, Social Media
Governor Jerry Brown last week signed two new privacy laws that will go into effect January 1, 2013. AB 1844 and SB 1349 prohibit employers, colleges and universities from requiring or asking prospective and current employees and students to disclose …
Campaigns, Elections, Voting and the Workplace
Posted in Personnel Issues, Workplace Policies
Obama or Romney? “Yes” or “No” on Proposition 30? With the election only several weeks away, these questions are starting to make their way into the workplace as political debates among co-workers are starting to break out in lunch rooms, …
Big Changes Are Coming to the Department of Fair Employment and Housing
Posted in Legislation, Litigation
The way complaints for violation of the Fair Employment and Housing Act (“FEHA”) are processed and enforced by the Department of Fair Employment and Housing (“DFEH”) is about to undergo a significant transformation. Motivated by a desire to close a …