Here is the latest issue of “This & That” Tuesday. I hope you find it to be informative and useful.

 

Announcements

You can always check out my website for upcoming speaking engagements that are guaranteed to be of value to business owners or for a list of topics that I can speak on at Chambers, Clubs, Business Associations, etc. More details about the events, topics and Human Resources 4U, in general, can be found on my website.

 

Upcoming events:

September 27, "Discovering Business in the New Economy" hosted by AltaPacific Bank and Montgomery Niemeyer & Co.

 

CalChamber Identifies Top 10 Things Employers Do to Get Sued

California has numerous labor and employment regulations that far exceed those mandated at the federal level. As a result, employers struggle with meeting the overwhelming employment requirements imposed while trying to develop and grow their businesses. The California Chamber of Commerce’s new infographic illustrates some of the mistakes that could lead to employment lawsuits.

 

CalChamber knows that one of the toughest tasks for an HR manager or business owner is managing risk to prevent lawsuits. Employers may unintentionally violate employment laws and never realize the risk they create for the company. Trying to provide some flexibility for an employee, saving money for the company, or just being nice are all ways that an act of kindness can become a business liability.

 

Below is a list of the top 10 missteps that may lead to employment lawsuits.

1. Classify all employees as exempt, whether they are or not.
2. Be nice to employees — let them work through lunch so they can take off early.
3. Make everyone an "independent contractor" because having employees is too much trouble.
4. Don't bother providing training about harassment and discrimination to managers and supervisors. They won't need the information.
5. Let employees decide which hours and how many they want to work each day.
6. Terminate any employee who takes a leave of absence, whatever the reason. It is too much trouble to administer leaves of absence, and who knows if the employee will return.
7. Don't give employees their final check if they fail to return company property.
8. Provide loans to employees and deduct the money from their paycheck each pay period.
9. Use non-compete agreements to protect confidential information such as business secrets, customer lists and pricing information, and prevent employees from working for the competition.
10. Implement a "use it or lose it" vacation policy and avoid paying out all the money at termination.

Do you have any concerns about the "top ten?"

ATK to Pay $100,000 to Settle EEOC Race Discrimination Case

Alliant Techsystems, Inc. (ATK), a Minnesota-based company that is one of the nation's  largest aerospace and defense manufacturers, will pay $100,000 and furnish  other relief to settle a race discrimination lawsuit filed by the EEOC.  

 

According to the  EEOC's suit, Tyeastia Green applied for a job at its Eden Prairie, Minn.,  location, where she would provide technical or IT support for ATK  executives.  Although a recruiter for ATK initially told her that she had gotten the job, ATK rejected her and hired a white male instead.  The EEOC contended that the reasons given by ATK for its decision were a pretext for race discrimination.

 

The consent decree settling the suit requires that ATK pay $100,000 to Green and engage in extensive equitable relief.  Among other things, ATK is enjoined from further discriminating in hiring based on race and from retaliating against persons who oppose practices made unlawful under Title VII.  It will review its workplace policies to assure that they comply with Title VII and the record- keeping laws, and, particularly, review a policy that pertains to maintenance of interview notes.  It will train its entire staff on the laws against discrimination.  The decree will last three years and apply to ATK's headquarters in Minnesota and in Virginia.

 

"We found it was clear that ATK rejected Green because of the color of her skin, and not because of her skills, and that's illegal as well as unjust," said John Hendrickson, regional attorney for the EEOC's Chicago district.  "We congratulate the company for agreeing to the terms of this decree, particularly the non-monetary relief, which will protect and benefit its employees."

 

Big Lots Settles EEOC Sexual Harassment Lawsuit for $155,000

A Big Lots Stores in Fort Smith, AK will pay $155,000 to four claimants and furnish other relief to settle a sexual harassment lawsuit filed by the EEOC.

 

The EEOC's lawsuit charged that the male store manager of the Fort Smith store subjected a class of female employees to sexual harassment, including sexually offensive comments and requests for sexual favors. The lawsuit further charged that after a female employee reported the sexual harassment, Big Lots failed to take the appropriate remedial measures necessary to protect its employees from continued sexual harassment, as the law requires.

 

Besides the monetary relief, the consent decree settling the suit includes:

Provisions for redistribution of Big Lots' harassment-free environment policy; mandatory anti-discrimination training; notice of the settlement to all Big Lots employees in its Fort Smith store; and a requirement that the company report future complaints of sexual harassment to the EEOC for one year.

 

Factoids 

• Only about 6% of U.S. Companies have formal nap rooms however 34% said they allow employees to take occasional naps at work.
• In 2012, 43% of 25 year olds have student debt. The average debt is $20,300.

Pets

• Over 85% of pet insurance is for dogs
• 1 in 3 Fortune 500 companies offer pet insurance
• Pet owners spend over $13 billion a year on veterinary costs
• There are more than 170 million cats and dogs in the U.S.

ACA

Reducing employee hours to avoid offering ACA mandates could cause you to run afoul of ERISA which specifically prohibits making employment decisions to prevent an employee from obtaining or keeping health benefits.

 

Quotes

“If you can’t measure it, you can’t manage it”

Thom Mangan