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Back to Square One - Employee Wins Round Two When Employer Lacks Consistency
By Jennifer L. Lippi
A California employer is stinging from a reversal in a trial court's summary judgment ruling that a termination for unsatisfactory performance was defensible enough to withstand the employee's charge of age discrimination and unlawful termination. The employer's failure to follow its own performance standards and the absence of supporting documentation cost them substantial dollars in time and legal fees to defend this case. And it's not over yet as the case has been remanded back to the trial court.
A California Court of Appeal ruled in Cheal v. El Camino Hospital that the employee raised triable issues of fact with respect to whether she was performing adequately at the time of her discharge, and whether the discharge was the product of age discrimination.
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Revisions in Federal Exempt Classifications Under Study
By Kim Silvers, SPHR-CA
On March 13, 2014, President Obama issued a memorandum to the Secretary of Labor instructing her to "propose revisions to modernize and streamline the existing overtime regulations. In doing so ... consider how the regulations could be revised to update existing protections consistent with the intent of the Act; address the changing nature of the workplace; and simplify the regulations to make them easier for both workers and businesses to understand and apply."
The Presidential directive specifically notes concerns for executive, administrative, and professional employees ("white collar" workers) whose salaries may not have kept up with "modern times." Those paid below the federal salary threshold will not be exempt from overtime payment. (We refer to these types of employees as "non-exempt" or "hourly".)
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Heads Up - The DOL's P3 Initiative: What You Should Know Before the Storm Arrives
By Jennifer L. Lippi
In 2010, the U.S. Department of Labor ("DOL") announced a new regulatory strategy called "Plan, Prevent and Protect" (which has been dubbed the P3 Initiative). According to the DOL, the goal of the new enforcement strategy is to require employers to "find and fix" violations before a Labor Department investigator arrives at the workplace. The DOL states that many employers have a "culture of compliance," while others make a calculated decision whether to comply with employment laws. The P3 Initiative is intended to combat this "catch me if you can" attitude. The P3 Initiative puts the burden on the employer to obey the law, not on the DOL to catch the violation. Employers will need to take specific concrete steps to prevent violations before they occur, and failure to take such steps could itself constitute a violation.
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Finding, Attracting and Selecting the Best Talent - 5 Key Fundamentals Needed in Your Recruitment Process
By Curt Cetraro and Mitzi Robinson
Most companies struggle to some extent with finding, attracting and hiring the best people to fill core roles within their organization. This is particularly true in a unique employment market where finding great employees is challenging. Here are five key fundamentals needed in your internal recruitment system to elevate your employment brand while ensuring you are making the best hiring decisions possible.
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