5 Critical Components For An EEOC Position Statement

EEOC Position Statement

When faced with a charge from the U.S. Equal Employment Opportunity Commission (EEOC), one of your first steps will usually be to respond with a “statement of position.” The position statement allows you to tell your side of the story, but many employers fail to include some of the most vital information. Below are some important sections that you should provide.

  1. The company overview. Some employers
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Five Answers To Common Questions About Severance Pay And Severance Agreements

Severance Pay And Agreements

Severance pay is not required by California law. However, employers who have possible disputes with employees that are leaving should consider offering severance pay in exchange for a signed severance agreement containing a release of claims against the company. This may help the employer avoid a costly lawsuit. Below are answers to five common questions regarding severance.

  1. Are employers required to give employees severance pay?

No. … Read More

Sins of Well- Meaning Supervisors

Sins of Well-meaning Supervisors

It seems as though there are so many ways that your supervisors and managers can practically beg for a lawsuit even though they have the best of intentions. Here are just a few examples:

1. Making Unlawful Pre-employment Inquiries: The supervisor may ask the applicant: Do you have any children? If so, will you have any daycare problems?

2. Delivering “Dishonest” Evaluations: Supervisors giving an employee … Read More

Wage And Hour Litigation – Low Hanging Fruit For Plaintiffs’ Attorneys

Wage And Hour Litigation

Misclassification is a very hot issue these days, according to Attorney Deanna Brinkerhoff.  First, there is the issue of exempt and nonexempt.  We must always apply the salary basis test and the duties tests to double-check any decision about exemptions.

The other challenge under misclassification is the independent contractor vs. employee problem. Among the factors that the U.S. Supreme Court has considered significant are:

  • The extent
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10 Simple Strategies to Avoid DOL’s Wage/Hour Audits

Simple Strategies to Avoid DOL’s Wage Audits

According to Susan Price, BLR’s Legal Editor, these 10 strategies will help prevent or handle a wage and hour investigation:

  1. Avoid unfair compensation practices. Be sure that your employees are compensated in a consistent manner. If your pay practices are consistent, complaints are less likely to arise and you will be in a better place if the DOL does launch an investigation.
  2. Understand the regulations.
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Minimum Wage Increase Takes Effect July 1, 2014

Minimum Wage Increase

A friendly reminder to all clients! The first phase of the minimum wage increase takes effect July 1, 2014, and will increase the mandated minimum wage from $8.00 to $9.00 per hour.

Also effective July 1, 2014, the following revised posting and notice requirements take effect in California:

  • Employers must prominently display a poster showing the new, $9.00 per hour, minimum wage.
  • Employers must start
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Six Steps to Avoid Retaliation Claims

Human Resource Advice - The Dangers of Inconsistency and Retaliation

According to HR Daily Advisor, retaliation suits are the “dumbest” of the dumb because they are so easily avoided but they happen with startling frequency!

Here are some tips from Attorney Joan S. Farrell:

  1. Have a written policy. As the backbone of your entire program, initiate a policy prohibiting retaliation.
  2. Provide Training.  Just having a policy isn’t enough.  Provide training to supervisors and managers about what
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Sins of Wage and Hour Management

human resource advice - wage and hours

Wage and hour management should be simple but it’s not!

Here are some common “sins” as discussed in the HR Daily Advisor:

1. Failure to pay the minimum wage – All employees are entitled to receive at least the minimum wage for all hours worked. Special arrangements may be made for some positions (like wait staff as long as tips put them above the minimum wage) … Read More

The Dangers of Inconsistency and Retaliation

Human Resource Advice - The Dangers of Inconsistency and Retaliation

What are the Dangers of Inconsistency and Retaliation?

If an employee has violated the law or your employment policies, you should follow your general disciplinary policies and procedures in making decisions regarding disciplinary action.

Your disciplinary action should include:

  • Ensure that the appropriate discipline is applied (the punishment should fit the crime)
  • Ensure that discipline is consistent for all employees
  • Give employees fair warning that they
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