HMMM - Who Isn't Disabled Now?
Employers Obligations Continue to Grow
By Kim Silvers, SPHR-CA
The court cases, regulations and legislation just keep coming - mostly in favor of employees who have or may be regarded as having a disability. Employers should take heed that any adverse action (demotion, reassignment, termination) related to an employee's disability may be grounds for a discrimination lawsuit.
Last week, the Equal Employment Opportunity Comission's (EEOC) final regulations interpreting the Americans with Disabilities Act Amendments Act (ADAAA) became effective. Although the California Fair Employment and Housing Act (FEHA) definition of a "disability" has always been more liberal than the federal ADA, the feds are catching up. Under the ADAAA things become more risky for employers who take action without thoroughly considering and discussing with a disabled employee the impact and options of accommodating his/her disability. Here are a few of the highlights noted from the ADAAA (click here for the full article)
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Heat Illness Prevention Program Required for Outdoor Employees
Cal OSHA requires all employers with outdoor worksites to have a specific program and training in place to prevent heat illness. Summer (surely) will arrive soon in northern California. We encourage employers to check out the Cal OSHA on line resources to prepare for the heat.
At minimum, California employers are required to:
1. Train employees and supervisors about heat illness prevention before assigning them to outdoor work. Training must include the following: (click here for the full article) |
It's Time for Harassment Prevention Training
California employers with 50 or more employees or contractors (inside or out of the state) are required to have sexual harassment prevention training for their supervisors and managers every two years. The two hour training is only required for California-based managers/supervisors. In addition, any newly appointed supervisors are required to complete the training within six months of assignment. Silvers HR clients are offered this training as part of their retained services package. Our classes are fun, interactive and move along quickly. We are scheduling clients for classes now. However, the waiting list is several weeks out so we encourage you to contact our office if you are not on the schedule yet.
We also offer no cost public harassment prevention classes for managers/supervisors each quarter. Sorry, our June class is filled. Our next class is September 23, 2011. Managers may also register for on line classes through our training partner, emTRAiN. (There is a minimal cost for the on line training.) Please contact our office for details. |
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Exempt Classification Costs Levi Strauss
Levi Strauss & Co agreed to pay over $1 million in unpaid overtime to 596 employees who were deemed to be misclassified as exempt employees in their retail stores. The Dept. of Labor investigated the firm's nationwide wage and hour practices under the Fair Labor Standards Act. Many of the these misclassified employees were assistant managers in newly acquired stores. Once again, job title is not a qualifier in determining exemption from overtime under state or federal laws. |
