The federal Equal Employment Opportunity Commission recently issued revised “Q&A” documents addressing how the Americans with Disabilities Act (ADA) applies to applicants and employees with four specific disabilities:

Tags: Disabilities, HR Allen Consulting Services, discrimination, HR Informant, EEOC

A new report released by the state Labor Commissioner reveals that labor law enforcement over the past two years has broken previous enforcement records. Enforcement efforts in 2011 and 2012 resulted in more minimum and overtime wages found owing to California workers and more monetary penalties for illegal business practices than in any previous years in the past decade.

Tags: Labor enforcemnt task force, unpaid overtime, civil penalties, higher citation rate, HR Allen Consulting Services, HR Informant, LETF, Minimum Wage, HR That Works

This month, the Equal Employment Opportunity Commission (EEOC) settled itsfirst ever lawsuit involving the Genetic Information Nondiscrimination Act of 2008 (GINA).

Tags: GINA, Genetic Information Nondiscrimination Act of 2008, HR Allen Consulting Services, HR Informant, EEOC, Equal Employment Opportunity Commission

What you wear to work may affect your chances for promotion, according to a recent survey by Office Team, an employment agency that specializes in administrative staffing. Eighty percent of executives interviewed admitted that clothing choices affect who they choose to promote. 

Tags: dress code, dress code at work, promotion, employees, HR Allen Consulting Services, Employers, HR Informant

When should a tipped employee no longer be treated as a tipped employee?  Plaintiffs’ lawyers argue that restaurants cannot utilize the tip credit, or pay tipped employees a sub-minimum wage, if tipped employees perform any “non-tipped” duties, such as washing dishes or taking out the trash.  Earlier this week, a District Court in the Northern District of Indiana rejected this argument.  (See here)  Specifically, the court dismissed a former server’s claim that the FLSA was violated by restaurants paying servers, bartenders, and hosts a sub-minimum wage while they performed non-tipped duties.  This decision could be far reaching because restaurants across the country are being hit with similar class or collective action lawsuits.  

Tags: conditional certification, tip credit, HR Allen Consulting Services, HR Informant, FLSA

A cable installation company recently entered into a consent judgment with the U.S. Department of Labor, agreeing to pay over $1 million in back wages and liquidated damages to nearly 200 workers. [here] The consent judgment also enjoins the company -- and its former vice president -- from future violations of the FLSA. 

Tags: wage and hour enforcement, HR Allen Consulting Services, HR Informant, independent contractors, misclassification, Department of Labor

Isn’t it true that nationwide employers can interview and hire employees for their California offices so long as they follow federal hiring laws?  In a nutshell, no way.  Hiring in California presents a host of nuanced, state-specific rules that often add up to “don’ts.” We list a few for you below.

Tags: California, HR Allen Consulting Services, HR Informant, Privacy, Employment, Reasonable Expectation, Right, Hiring

Tags: employer penalties, meal and rest break violations, overtime requirements, unpaid wages, HR Allen Consulting Services, HR Informant, wage theft, HRCalifornia

Summer is around the corner and your employees are likely planning vacations. There is no legal requirement for most employers to offer vacation or paid time off (PTO), but employers usually offer one or the other of these benefits to attract and retain employees.

Tags: HR Allen Consulting Services, HR Informant, PTO, vacation, California Law, Vacation policy

Tags: HR Assessment, HR Checklist, Human Resource Assessment, Human Resource Checklist, HR Allen Consulting Services, HR Informant