Guidelines for Rehiring Workers

March 9th, 2011 Posted by Cara

With the economy gradually improving, many employers are thinking about laid-off . Having clear guidelines is critical to avoiding lawsuits for and wrongful . A positive, well-documented rehire process can also foster loyalty and increase morale.

 

In February 2011, businesses created an additional 192,000 jobs. Leaders in the employment increase were factories, business services, education, professional services and health care. Jobs were lost in the retail industry, and in state and local governments.

 

An employer who will rehire workers needs to have a clear, objective method in place. The employer should assume that she will have to explain the rehire to a judge or the EEOC to defend herself against a charge of discrimination.

 

A collective bargaining agreement may specify which employees will be rehired. In the absence of such an agreement, the employer must make fair decisions according to attorney Wayne Pinkstone with Fisher & Philips of Philadelphia. 

 

Many employees assume that workers will be recalled based on seniority, (more…)

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Supreme Court Redefines Retaliation

February 25th, 2011 Posted by Cara

A recent ruling extends current regulations barring against employees even to third parties.

 

The reports that 2011 is on track to exceed the record number of retaliation lawsuits set in 2010. Last year, the collected more money than ever before from employers charged with retaliation after a complaint was filed.

 

In a recent ruling, the U.S. Supreme Court decided that was protected from retaliation by his employer, even when the complaint was filed by his fiancée. Thompson, an engineer, was fired from North American Stainless LP three weeks after his fiancée filed a charge with the EEOC.

 

Initially, the 6th Circuit Court of Appealsdetermined that Thompson had no protection under Title VII because he was not the person who filed the complaint. Thompson had a workplace romance with coworker Miriam Regalado. Their engagement was well known within the before Regalado filed the discrimination complaint with the EEOC.

 

In a rare unanimous decision, the Supreme Court overturned the lower court’s ruling. The justices found that earlier court rulings set a very broad definition of retaliation as “any action that would discourage a reasonable person from filing a complaint.” Penalizing a spouse, family member or other would fall into that category, according to the court. Read about the ruling here.

 

In another important ruling, Burlington Northern v. White, the Supreme Court found that (more…)

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OFCCP Seeks Comments on Disability Hiring

August 18th, 2010 Posted by Madison

The federal or Office of Federal Contract Compliance Programs seeks suggestions from employers on more effective ways to recruit, hire, train and promote . must be received by the OFCCP by September 21, 2010.

 

In particular, the federal government is interested in comments about successful used by businesses to recruit, hire and retain qualified disabled workers. The request for comments was published in the Federal Register.

 

Read the proposed regulations and post comments here.

 

Several federal laws and executive orders require federal contractors to take to hire disabled workers. Yet, employment of disabled workers lags far behind. According to the OFCCP, nationwide just 21.7 percent of disabled people were in the workforce in June 2010, compared to 70.5 percent of other workers. for disabled persons was (more…)

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Exempt Administrator Status Update

August 6th, 2010 Posted by Derrick

The U.S. Department of Labor is interpreting the regulations regarding salaried employees much more strictly, and taking action against employers who stray over the line. In particular, the status of outside salespeople and administrators is coming under fire.

 

The situation is expected to get worse, not better. The U.S. Department of Labor has a backlog of opinion letters. As soon as a Wage and Hour is confirmed, that backlog will be signed, and carry the force of law. Courts must defer (more…)

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New EEOC Discrimination Task Force

March 19th, 2010 Posted by Jolie

Employers need to be more vigilant in and promotions than ever before. That’s because a new EEOC has increased enforcement actions against employers who lack diversity in their workforce, calling such situations “systemic .” The agency may initiate investigations, even in the absence of an complaint.

 

Similar efforts against federal contractors have been introduced by the or Office of Federal Contract Compliance Programs.

 

To cite just two examples, the recently announced a $2 million settlement with Les Schwab Tire Centers in a case. The was accused of not hiring qualified females for its auto care stores in Washington, Oregon, Idaho, California, Nevada, Montana and Utah since 2004.

 

In a separate case, Wal-Mart paid $11.7 million to settle a sex discrimination case involving applicants for warehouse jobs in the London, Kentucky distribution center. Hiring officials with the retail giant told female applicants that the positions were not suitable for women, and that most new hires (more…)

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