EEOC Reports Record Number of Discrimination Charges
Executive Summary: According to information released by the Equal Employment Opportunity Commission (EEOC), in 2011 the agency received a record number of discrimination charges and obtained a record amount of relief for discrimination claimants.
The 2012 Employment Law Tool Box
Loaded with tons of tools and tips, including an employment glossary, cheat sheets on each major law, an interview checklist, termination tools, a sample social media policy and much more
H-2A Workers: IRS Advises on W-2/1099 Reporting and Mandates Backup Withholding When SSN is Missing
With 2011 W-2s due right about now, the IRS is committing manpower and enforcement on compliance relating to 2011 compensation that a grower paid to its foreign agricultural workers admitted into the US on H-2A visas. See most recent IRS guidance.
Court Rejects FEHA Claim Brought by Employee Fired for Allegedly Filing False Harassment Complaint
Earlier this week, a state appellate court held that an employee failed to introduce substantial evidence under the Fair Employment and Housing Act (FEHA) that his employer’s decision to terminate his employment was motivated by retaliatory animus. According to the California Court of Appeal, the employee, who was fired for allegedly making false statements related to his sexual harassment complaint against his supervisor, could not show that his employer’s stated reason for firing him was pretextual. Joaquin v. City of Los Angeles, No. B226685, California Court of Appeal (January 23, 2012).
Noncompete News: Georgia Court uses Restrictive Covenant Act to Blue Pencil Nonsolicit Agreement
Executive Summary: In one of the first (if not the first) published decision applying Georgia's new Restrictive Covenants Act ("RCA"), the federal district court for the Northern District of Georgia "blue penciled" or modified an otherwise overbroad nonsolicitation of customers provision.
State High Court Orders Review of Case to Clarify Legality of Rounding Timecard Entries - California Chamber of Commerce
The California Supreme Court directed the Fourth District Court of Appeal to review a case involving whether "rounding" time clock entries is lawful under California law. Federal law permits rounding, and the California Division of Labor Standards Enforcement has permitted as a matter of policy, so long as the "rounding" evens out or favors the employee. A trial court recently ruled that a class action involving rounding could proceed against an employer, See's Candies. See's sought a writ in the Court of Appeal, which summarily denied the Petition. The Supreme Court, however, unanimously voted to Order the Court of Appeal to hear See's petition on the merits
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