Human Trafficking Posting Required for Some Businesses...Deadline April 1, 2013

Posted on Fri, Mar 29, 2013

Senate Bill 1193, passed last year, requires specified businesses and establishments to post an 8.5” x 11” notice, on or before April 1, 2013.

The required posting provides important information on how to report suspected human trafficking and also provides victims of human trafficking with information on where to obtain help. The notice informs the public and victims of human trafficking of telephone hotline numbers and contains information about organizations that provide services to eliminate slavery and human trafficking.

The State of California Department of Justice (DOJ) developed the model notice that complies with the requirements of SB 1193.

California “is one of the nation’s top four destination states for trafficking human beings,” according to the DOJ. Human trafficking, as the DOJ states, is “a modern form of slavery. It involves controlling a person through force, fraud, or coercion to exploit the victim for forced labor, sexual exploitation or both.”

Applies Only to Specified Businesses and Establishments

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Tags: employer, English, human trafficking, posting requirement, SB 1193, Spanish, HR Allen Consulting Services, HR Informant

Employer Settles Disability Discrimination Case Based on Obesity

Posted on Sat, Aug 04, 2012

The federal Equal Employment Opportunity Commission (EEOC) recently reported that it reached a settlement with a military vehicle manufacturing company that allegedly fired an employee because he was morbidly obese.

According to the EEOC, the disability discrimination provisions of the Americans with Disabilities Act (ADA) protect morbidly obese employees and applicants. “So long as an employee can perform the essential job duties of a position, with or without reasonable accommodation, the employee should be allowed to work on the same basis as any non-obese employees. Employers cannot fire disabled employees based on perceptions and prejudice.” 

The employee weighed nearly 700 pounds at the time he was fired. The EEOC alleged that the employee was qualified to perform the essential job functions of his material handler position. The EEOC also alleged that the company did not engage in any discussions to determine if reasonable accommodations were available.

The EEOC asserted that the employee’s morbid obesity substantially limited him in one or more major life activities and rendered him “disabled” under the ADA Amendments Act of 2008 (ADAAA). The EEOC further asserted that the company “regarded” the employee’s morbid obesity as a disability, even if a court should hold that obesity was not a disability within the meaning of the ADA.

The company will pay the employee $55,000 and provide him with six months of outplacement services.  The settlement also requires the company to provide training to managers on equal employment opportunity compliance, disability discrimination law and responsibilities regarding reasonable accommodation.

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Tags: ADA, Americans with Disabilities Act, employer, ADA Amendments Act of 2008, ADAAA, obesity, reasonable accommodation, HR Allen Consulting Services, HR Informant, disability discrimination

Employee Requests FMLA – Keep Your Commentary to Yourself

Posted on Fri, Jul 13, 2012

A recent case from a federal district court in Ohio highlights what can happen if a manager diverges from objectively processing a Family and Medical Leave Act (FMLA) request and, instead, makes comments on the need for the leave. 

The employee claims she was terminated in retaliation for taking FMLA leave. She took leave for a hysterectomy and then while on leave discovered her fiancé/domestic partner had cancer. Her evidence that the company made its decision for unlawful reasons included:

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Tags: employer, employee request, FMLA leave, manager, HR Allen Consulting Services, HR Informant, FMLA, Family and Medical Leave Act

Supervisors Not Liable for Military Service Discrimination

Posted on Fri, Dec 16, 2011

Federal and state laws prohibit discrimination on the basis of military status. Recently, a California court addressed for the first time whether supervisors could be held personally liable for military service discrimination under state law.

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Tags: employee termination, employer, military leave, leave, employees, Discrimination in the Workplace, discrimination

When planning a company holiday party are there any legal issues to consider?

Posted on Fri, Dec 02, 2011

Holiday parties can raise legal issues for employers, including liability for serving alcohol, wage-and-hour violations, workers' compensation, and religious discrimination.

Libations = Liability

Holiday frivolity easily can become holiday liability when alcohol is served at a company party. Employers can be held liable if employees are involved in auto accidents after drinking too much at a company function.

Consider serving only non-alcoholic beverages, or give each employee a limited number of tickets to be used for alcoholic beverages. If an employee or guest is inebriated, pay for a cab or arrange another ride home. Enlist the help of company managers to keep an eye on how much employees are drinking.

A party with too much alcohol is also the perfect breeding ground for sexual harassment claims. Redistribute the company's sexual harassment and substance abuse policies to everyone a week or so before the party to remind them that their liability for sexual harassment applies at all times, including during the party.

Party Time Can Be Work Time

If you put on a company holiday luncheon during a work day, you may be liable for meal break penalties if employees are required to attend the party. Employees generally are entitled to a meal break of at least one-half hour where they are free to leave the premises, and if employees are required to attend the lunchtime party and then go straight back to work, they have missed their meal break, even though they were not performing any work and you fed them lunch.

If attendance at the party is purely voluntary, be sure to let employees know this in writing when you invite them to the party. When attendance is voluntary, there are no meal break penalties because employees had the option to leave the premises.

If the party is not during regular working hours, again be sure to let employees know attendance is purely voluntary. If you require non-exempt employees to attend the party then they are “on the clock” and must be paid for their time. If the party is after a work day, this could result in overtime pay obligations as well.

Some employers allow employees who are attending a holiday party on the evening of a work day to go home early, while those who are not attending work their regular schedule. As long as all employees are paid for the number of hours they work that day, this is a legal practice, although it may cause morale issues for those who don't get to leave early.

Injuries

Even though there's no work involved, an employee who gets hurt at the party can file a workers' compensation claim unless you've made it clear that attendance at the event is strictly voluntary.

Religious Beliefs

Before you deck the halls only with boughs of holly, consider your employees' religious beliefs. Instead of limiting decorations to the usual Christmas tree and Santa motif, let employees know they are welcome to bring decorations for their winter holidays as well. Make room for a Hanukkah menorah, the red, green and black candles of the Kwanzaa kinara, and any other winter holiday decorations employees would like to contribute to party decor.

Be sensitive to employees who do not wish to celebrate religious holidays. Equal employment laws require reasonable accommodation of employees' religious beliefs, so an employee who does not wish to attend a holiday party should be excused from taking part in the festivities.

By: HRC/Cal Chamber

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Tags: employer, holiday, holiday office, holiday office celebrations, sexual harassment, holiday parties, employees, Employers, harassment, employee

Bad Santa

Posted on Fri, Dec 02, 2011

Employers commonly throw holiday office celebrations this time of year to show employees that they’re appreciated. However, a recent case from a California appellate court demonstrates the problems that can also arise when conduct crosses the line. Brennan v. Townsend & O’Leary Enterprises, Inc., 199 Cal.App.4th 1336 (2011).

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Tags: employer, holiday, holiday office, holiday office celebrations, sexual harassment, holiday parties, employees, Employers, harassment, employee

Employers Are Now Screening Employee Facebook and MySpace Pages

Posted on Thu, Nov 17, 2011

Do you have a personal account with Facebook, MySpace, Twitter or any of the other social media websites that have become so popular lately? Chances are you do. Or you will soon. The growth of social media sites has been nothing short of breathtaking. Here are a few statistics:

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Tags: myspace, employee termination, employer, termination, facebook, twitter