Employment Law Blog

News, trends and analysis in employment law and HR

Showing all recent posts

Photo of Karen Davis
May 11 2018
Wage and Hour  

California employers can’t rely on federal law to pay OT on flat bonus

The California Supreme Court has rejected federal law on overtime calculations for flat sum bonuses, ruling that state law requires a more worker-friendly calculation. An employer offered a flat bonus of $15 per day of weekend work for employees who worked a full shift on a Saturday or Sunday. Because…

Read More…
Photo of Karen Davis
May 09 2018
Affirmative Action  

OFCCP reveals selection method for latest wave of audits

For the first time in recent memory, the Office of Federal Contract Compliance Programs (OFCCP) has explained how it developed its first list of companies to audit in 2018 for affirmative action compliance. The agency cautioned that it may change its selection tactics in the future, and it has no…

Read More…
Photo of Sean Brown
May 09 2018
Harassment & DiscriminationHiring  

Washington Governor signs statewide “ban the box” law

Washington’s new “ban the box” law, which takes effect June 7, 2018, prohibits private employers from asking about criminal history before deciding whether an applicant meets the basic criteria for the position. It also prohibits job ads that automatically exclude people with criminal histories from applying (e.g., by saying “no felons” or “no criminal…

Read More…
Photo of Bill Kessler
May 09 2018
Q&ASafety and Health  

Use a numerical rating system to prioritize safety in busy times

Because deficient safety processes are the underlying causes of accidents, it is important to administer the most critical ones effectively. Here’s how employers can prioritize safety objectives when under a time crunch: Create a weighted scale for “prevention” and one for “compliance” (1-5 for effectiveness at “prevention” and 1-3 for effectiveness at “compliance,” where 1 is at the low end…

Read More…
Photo of Karen Davis
May 08 2018
Wage and Hour  

9th Circuit says prior salary doesn’t justify pay differences under EPA

When setting wages for new hires, the Equal Pay Act (EPA) doesn’t allow consideration of prior salary, ruled the U.S. Ninth Circuit Court of Appeals. A female math consultant hired by a county school district sued when she discovered her male colleagues in the same position were earning more than she was.…

Read More…
Photo of Trish Leimbach
Apr 18 2018
Workers’ Comp  

Don’t let lack of temp training cost you workdays

Don’t Let Lack of Temp Training Cost You Workdays
Better Screening, More Training of Temporary Employees Could Help Reduce Lost Time and Money

Read More…
Photo of Karen Davis
Apr 11 2018
Affirmative ActionHarassment & DiscriminationHiring  

Federal contractors settle with OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) has posted more settlements online, after employers with federal contracts agreed to settle allegations of discrimination in pay and hiring. The OFCCP had conducted affirmative action audits of the contractors. The companies below denied the agency’s allegations but eventually agreed to pay significant sums…

Read More…
Photo of Karen Davis
Apr 11 2018
Affirmative Action  

OFCCP updates VEVRAA hiring benchmark effective March 31, 2018

The Office of Federal Contract Compliance Programs (OFCCP) has announced that the hiring benchmark for veterans has dropped again, to 6.4 percent from 6.7 percent. The change took effect on March 31, 2018, which means that federal contractors with written affirmative action plan (AAP) dates on or after that date…

Read More…
Photo of Trish Leimbach
Apr 11 2018
Safety and HealthWorkers’ Comp  

OSHA citations upheld against fab shop that improperly rigged load from crane

A federal court of appeals has confirmed two serious citations from the federal Occupational Safety and Health Administration (OSHA) against a fabrication shop when a 5,000 lb. pipe assembly was improperly rigged to an overhead crane. A pipefitter in the shop was a journey worker with 12 years of experience.…

Read More…
Photo of Kara Craig
Mar 29 2018
Q&AWage and Hour  

Q&A: Be realistic when promising employee bonuses

Question: Our employee handbook states that all new employees will receive a $3,000 bonus on their three-year anniversary. Five employees will be eligible this year. Business is down and we really can’t afford this anymore. Do we have to pay them?

Read More…