Few small-business owners look forward to firing an employee, but a day will probably come when you need to do so. Job termination is a delicate situation and should be handled with dignity and respect, as well as knowledge of your legal responsibilities.
Tags: firing, employees, HR Allen Consulting Services, HR Informant, employee, HR Allen, termination
Today, the Equal Employment Opportunity Commission (EEOC) issued an updated Enforcement Guidance document on employer use of arrest and conviction records in employment decisions under federal law (Title VII ).
The EEOC voted 4-1 to approve the guidance document. The EEOC also issued a Question-and-Answer document about the new enforcement guidance.
Among other topics, the guidance discusses how an employer’s use of an individual’s criminal history in making employment decisions could violate the prohibition against employment discrimination under Title VII. For example:
Tags: arrest records, conviction records, disparate impact, disparate treatment, employment decisions, Title VII, employees, HR Allen Consulting Services, Employers, HR Informant, Equal Employment Opportunity Commission
The National Labor Relations Act (NLRA) posting deadline of April 30 is looming. This deadline has not changed even though there is a court case pending that is seeking to strike down this posting requirement.
Employers must comply with the deadline unless the court rules otherwise. At this point, the court has not ruled and therefore the deadline stands.
Effective April 30, most private-sector employers must post the new notice issued by the NLRB entitled, “Employee Rights Under the National Labor Relations Act.” Certain industries, such as agriculture, airlines and railroads, as well as some small businesses, are exempt from the NLRA notice requirement.
HR Allen is now selling a convenient all-in-one State and Federal Employment Notices poster with all federal notices for 2012, including the mandatory NLRA notice.
Tags: NLRA poster, employee rights, national labor relations act, NLRA required poster, employees, HR Allen Consulting Services, Employers, NLRB
The California Fair Employment and Housing Commission (FEHC) is proposing amendments to California’s pregnancy regulations (Title 2, CCR secs. 7291.2-7291.16) and disability discrimination regulations (Title 2, CCR secs. 7293.5-7294.1).
The FEHC is seeking public comments on the proposed amendments. Visit the FEHC’s website for more information, including the text of the proposed amendments and the Initial Statement of Reasons:
Tags: employees, Employers, disability discrimination regulations, FEHC, California Fair Employment and Housing Commission, pregnancy regulations
The Equal Employment Opportunity Commission issued its final regulations relating to the Age Discrimination in Employment Act (ADEA) and an important defense available to employers under the ADEA.
Tags: employees, HR Allen Consulting Services, Employers, EEOC, ADEA, Age Discrimination in Employment Act, reasonable factor other than age, RFOA
What happens when one of your employees fabricates a sexual harassment claim? A California appellate court recently ruled that an employee who fabricates a sexual harassment claim can be disciplined. Though certain circumstances may warrant disciplinary action, proceed with caution because such discipline could result in a retaliation claim. Joaquin v. City of Los Angeles, 202 Cal.App.4th 1207 (2012)
Tags: employees, HR Allen Consulting Services, harassment, employee, harassment claim, false harassment claim, discipline
Ever get the feeling your workers would rather be doing anything other than working? Do you have unusually high turnover? If the answer to either question is yes, it could be that you’re hiring the wrong people. But it could also very well beyou. In a small-business environment, there aren’t many (if any) other people to blame when there’s a management problem.
Tags: Productivity, HR, performance review, employees, HR Allen Consulting Services, management
Today, a federal district court for the District of Columbia issued a decision in a lawsuit brought by the National Association of Manufacturers (NAM) challenging the new NLRA posting requirement. The court upheld the posting requirement, but struck down some of the enforcement provisions relating to the new rule.
As previously reported, the National Labor Relations Board (NLRB) decided to require most private-sector employers to post a new notice entitled "Employee Rights Under the National Labor Relations Act." NAM challenged the posting requirement on multiple legal grounds, including arguments that the posting requirement exceeded the NLRB’s authority under the NLRA and that the requirement violated employers’ First Amendment free speech rights.
In the first decision on this issue, the federal court issued a split decision upholding part of the new rule, while overturning other provisions. The court ruled that:
Tags: NLRA poster, new NLRA poster, private sector employers, NLRB posting requirement, employees, HR Allen Consulting Services, Employers
Earlier, We blogged about how employers and the California Department of Veterans Affairs (CalVet) are working together to educate eligible employees about the federal and state benefits available to military veterans.
Tags: tax credit, veterans, federal tax credit, hire a hero, hiring veterans, state tax credit, employees, Employers, HRCalifornia, CalChamber
The Department of Labor (DOL) recently announced a proposed rule that would implement amendments to the Family and Medical Leave Act (FMLA). The rule would affect the FMLA in two ways: expanding the leave entitlement for military caregivers and creating special eligibility provisions for airline flight crew employees.
Tags: employees, FMLA, DOL, exigency, military caregiver leave
