Archive for the ‘Employment Laws’ Category

California Employment Law: Ramifications of Class Action Lawsuits in 2012 – Part I

Thursday, March 1st, 2012

Numerous changes to California employment laws have developed over the past year. Employers determined to steer clear of possible legal action must familiarize themselves with the new legislation and take necessary steps regarding the amendments emerging as a result of consequential class action lawsuits. Interestingly, two decisive lawsuits that are playing a role in amending California employment laws are both related to the issue of employee meal and rest breaks.

United Parcel Service vs. the Superior Court

The California Supreme Court ruled in favor of a class action consisting of 32 coordinated lawsuits filed by UPS employees. The employees claimed that they were denied both meal and rest breaks and requested a change in premium pay policy. Until now, the labor board in California required employers to pay one hour of premium pay per day, regardless of the number of meal and rest periods missed. The Supreme Court ruled in favor of the employees who called for entitlement of two hours of premium pay for missing both one meal and one rest period.

In light of this verdict, employers must ensure that their employees are provided with adequate breaks for both meals and rest. Employers must afford nonexempt employees with a 10-minute paid rest break for every 4 hours of work.

Brinker Restaurant Corporation vs. the Superior Court

Employers wait in suspense for the verdict of the Brinker case, which after drawn out legal proceedings is slated to conclude this spring. The central issue to be resolved is whether or not employers are required to *enforce* or merely *provide* the opportunity for meal and rest breaks for employees. The Brinker case has been combined with a collection of other cases pertaining to related issues, such as the timing of rest periods. Can employers be flexible in the timing of rest breaks, or are they obligated to specifically provide rest periods during the middle of each work shift?

For large employers, or those currently facing similar class action lawsuits, the outcome of this class action is particularly pertinent as an unfavorable ruling will create logistical challenges that will require them to reassess their current lunch and break period schedule. In the interim, employers are recommended to proceed cautiously and ensure that employees are availing themselves of meal and rest breaks and that meal and rest periods are generally granted in the middle of the shift. Policies of this nature will prevent difficulties in the case of an unfavorable ruling for employers.

The are just two major cases affecting California labor law in 2012Click here to read Part II of this series.

Disclaimer

2012 Employment Law Updates – a Free Webinar

Tuesday, February 21st, 2012

We are proud to present our free HR webinar topic, THIS COMING THURSDAY, FEBRUARY 23rd.

In the final months of 2011 dozens of new employment laws were passed that directly impact the practices of businesses throughout the country. Are you up-to-date with all the changes??

Employment case law is constantly changing – don’t get left behind! In the final months of 2011 dozens of new laws were passed that directly impact the practices of employers.   This informative seminar will bring you up to speed, and address the latest in employment law that effect employers.  While addressing several federal case laws, this webinar will also focus on updates and changes specific to California employment law in 2012.

If you have not yet registered, this is a final reminder to join us this coming Thursday, February 23th as we discuss:

“2012 Employment Law Updates”

This informative seminar will bring you up to speed, and address the latest in employment law that effect employers. Cases and topics to be covered include:

  • The Wal-Mart case and the effect it will have on class actions
  • The status of the Brinker case
  • New Anti-Wage Theft law
  • Additional pregnancy disability leave protections
  • New background check laws impacting employers
  • Plus several new laws impacting California employers

This webinar will be presented by Scott A. Freedman, Esq. Partner at MORRIS POLICH & PURDY LLP.

Date: Thursday, February 23th

Time:  12pm – 1pm (PST)
Cost:  FREE

The Rise of Discrimination Lawsuits and How to Avoid Them

Thursday, February 9th, 2012

As we move further into 2012, employers must take note of a disturbing trend in the human resources arena: the persistent rise of discrimination-related lawsuits. While employee lawsuits and litigation-hungry lawyers are nothing new to American businesses, the dramatic increase in discrimination lawsuits demands that employers take note. Challenged with keeping their business afloat, most employers don’t have the time or resources to adequately stay abreast of this alarming trend.

The U.S. Employment Equal Opportunity Commission (EEOC) recently released their “charge statistics” data for 2011. Charge statistics refers to claims filed by employees for the various forms of discrimination, as enforced by the EEOC. The EEOC reported that in 2011 they received a total of 99,947 charges, the highest in the agency’s history. This figure represents a whopping 32% increase in just 5 years, when “only” 75,768 charges were filed in 2006.

Common Lawsuits

The most common lawsuit over the past 3 years has been Retaliation lawsuits with 36,258 charges, accounting for 37% of lawsuits filed. It is reasonable to assume that during a tight economy when layoffs were common, disgruntled employees sued their employers for retaliation, hoping to recoup some money in return for their termination. Retaliation claims are followed closely by Race (35,890 claims), Sex (29,029 claims) and Disability (26,165 claims).

What Employers Can Do

While many small to mid-sized businesses do not employ a dedicated Human Resources Manager, there are still basic steps all employers can take to significantly minimize the chance of facing a discrimination lawsuit.

  1. Know the law. It may sound easier-said-than-done, but there is no excuse for a manager or executive in today’s environment to be ignorant of the law. Of course, there are complicated scenarios that may require either professional or legal input, but many of the laws are simple to understand and implement. Send your managers for training, take a course or simply research the information online.
  2. Be the consummate role model. Always be professional in your behavior at work and begin by treating all employees with courtesy and respect. If we recognize that we share the workplace with others who may different than us, but that we also share a common goal – the success of the business – we will be a lot further down the compliance road than you may think.
  3. Respond immediately to any and all complaints. Train your managers to be aware of the environment around them and to address any and all inappropriate acts, misconduct or employee behavior. Take all complaints seriously, document everything and take the appropriate follow-up steps with HR or legal counsel.

As the trend of employment lawsuits doesn’t seem to turning around in the near future, employers should enforce management’s awareness and knowledge of employment laws in 2012 to ensure their business doesn’t become the next statistic on the EEOC’s annual report.

2012 HR Strategy #2: Mitigate Employment Risks

Monday, January 30th, 2012

Employment litigation is at historical highs. The Equal Employment Opportunity Commission (EEOC) reports they received close to 100,000 discrimination claim charges during the 2011 fiscal year, the highest level in the commission’s history. The poor economic conditions and sustained layoffs, coupled with new laws and expansion of existing laws, are all likely to lead to an increase in claims filed in 2012.

With lawsuits on the rise, employers must do all they can to stay ahead of the employment curve and to make compliance with 2012 labor laws a priority in the new year. The challenge for small employers, however, is understanding and complying with the multitude of regulations that affect their business. Particularly in certain states, such as California, employment laws are overwhelming and can be significantly different than their federal counterparts.

Outsourcing Human Resources with a PEO

There is a solution! In a Professional Employer Organization (PEO) relationship, the business owner outsources human resources administration to the PEO and relies heavily upon the PEO firm to to stay abreast of changing laws and regulations. The PEO/HRO firm provides clear direction and support, assisting them in all areas of HR compliance. Typically, clients are assigned a Human Resources expert to personally help them understand the law, and how the law impacts their business and employment practices. HR consultants provide support in all of the following areas:

  • Resolving employee complaints
  • Fielding general inquiries
  • Performing terminations
  • Assisting in exit interviews
  • Assisting with investigations
  • Auditing employee files and records
  • Conducting salary surveys
  • Speaking confidentially with employees regarding complaints or grievances.

Studies show that businesses that offer an outlet for employees to speak to professionals not only experience a reduction in lawsuits, but also lower health insurance costs, turnover, and workplace injuries.

The PEO also assists businesses comply with HR forms, documents, and employee management. They review the client’s current Employee Handbook and Policy Manuals, and update it to enhance compliance with all mandatory state and federal guidelines. By taking a hands-on, proactive approach, clients enjoy increased protection against unnecessary and expensive employment litigation.

EPL Insurance

Finally, most PEOs offer Employment Practices Liability Insurance (EPLI). EPLI is a comprehensive insurance that provides protection to employers against a wide range of employment practices and is designed to cover certain claims and lawsuits brought by employees alleging wrongful termination, discrimination, unlawful harassment, and other related torts, including but not limited to:
• Discrimination • Wrongful employment decision or act • Comprehensive omnibus wording • Wrongful termination or demotion • Sexual and non-sexual harassment • Wrongful demotion • Assault and battery.

While companies have long recognized the value of General Liability or Errors and Omissions insurance, many now understand the importance of EPLI.

In short, a PEO relationship can help employers in all aspects of their employment compliance, significantly reducing the chance of being the victim of an employee lawsuit. Perhaps investigating how a PEO can help protect your business should also be a priority in 2012.

3 Employment Strategies for an Uncertain 2012 – Part 1

Monday, January 23rd, 2012

From the Republican primary race, to the future of Health Care Reform, to employer tax cuts, it seems that 2012 can be dubbed, “The Year of Uncertainty.” However, despite the unknown, employers can take control of their future by focusing on three important employment strategies for the coming year. Those three priorities are: 1) containing employment costs; 2) Reducing employment risks; 3) improving employee performance.

In part one of this two-part series, we will discuss these three strategies and what they mean to employers. In part two we will analyze how employers can effectively implement these strategies into their organization.

Stabilizing operating expenses. Following years of flat sales, employers should investigate ways to manage a lower operating budget and to minimize unnecessary expenditures. While there are potentially hundreds of areas that can be considered, employment costs usually account for one of the largest percentage of expenses in any business. These expenses include hard costs, such as payroll and tax overhead, health insurance premiums, workers’ compensation insurance, legal and recruiting fees, and payroll processing costs. They also contain soft costs such as employment administration, employee training, responding to employee questions or complaints, employee reviews and general labor law compliance. Reducing these labor costs can have a significant impact an employer’s bottom line.

Reducing employment risks. With years of experience and research to support the claim, it has been well documented that there is a direct correlation between difficult economic periods and an increase in employment related lawsuits. Stephen C. Dillard, head of Fulbright’s global litigation practice, states “Generally, litigation rises in an economic downturn as regulators tend to step up enforcement, laid-off workers head to court, and companies need to file more suits in order to collect money owed.” To head off the potential of an employment-related lawsuit, employers should be diligent in training managers on appropriate termination policies, updating various employment forms and policies, and reviewing internal accounting and HR process to ensure they are in compliance with payroll-related labor laws and regulations. As the economy strengthens, employers may find themselves looking to rebuild their workforce. In preparation for growth, they should update employee handbooks and new-hire procedures, train management on proper interviewing techniques, and review all forms, new-hire packets and offer letters for compliance.

Enhancing employee performance. Even as companies begin to hire again, it will probably take some time before staff reach pre-recession levels. This translates to managers still trying to maximize productivity with their smaller workforce. With all the downsizing, reduced bonuses, and increased workload of the past years, it is obvious that employees continue to face a stressful work environment. Furthermore, both employees and management struggle to find a healthy balance between productivity and the decreased manpower. In order to maintain employee morale and commitment to work, employers are challenged to find new ways of motivating and incentivizing their staff to maintain a positive attitude while managing the increased workloads.

In our next post, we will discuss how Human Resources Outsourcing should be considered as a viable business solution to actualize these three employment priorities.

2012 Human Resources Updates: What Employers Need to Know.

Wednesday, January 11th, 2012

We are proud to announce the release of our annual report, highlighting various 2012 labor law updates. The report, titled “2012 Human Resources Updates,” covers a wide range of topics that directly affect employers in the coming year.

Over the past several months, dozens of new employment laws and legislative bills were signed into law that went into effect on January 1, 2012. These changes will directly impact the way employers conduct business, including areas such as payroll tax limits, new employment guidelines, and changing insurance markets.

Ari Rosenstein, CPEhr’s Director of Marketing, explains:

“Not only are employers throughout the country burdened by the weak economy, but they are confused and troubled by the seemingly unending flow of employment regulations. Many small employers recognize it is virtually impossible to stay up to date on a regular basis, especially at the turn of a new year when many new laws go into effect. It is for this reason we publish our annual HR Updates report.”

The report draws from CPEhr’s human resources experience on a wide range of employment, payroll, tax and insurance areas. Topics covered in the report include:

• New employment laws effective in 2012
• The IRS Voluntary Worker Reclassification Program
• Understanding the importance of correct employee/1099 classifications
• New 2012 Tax and 401(k) limits
• The value of employee training and development
• Rising Workers’ Compensation costs and how to mitigate them
• Creative approaches to reduce increasing health care premiums

“Our hope is that employers will read the report and, at the least, become aware of the important changes coming in 2012. At best, we hope they will take the time to investigate the new laws and adjust their business activities accordingly,” said Rosenstein.