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 Talks

May 29, Irwindale "The Impact of the New Minimum Wage on All Employers" Click here for more information.

 

July 9, City of Industry “HR4U 101 Full-day Workshop" Click here for more information.

 

July 17, West Covina "Critical Human Resources Issues for Business Owners" Click here for more information.

 

California Court Refuses to Enforce Arbitration

A California Court of Appeal struck down yet another employment arbitration provision, based on lack of notice to the employees, and an attempted modification to the agreement after the plaintiffs’ claims accrued and the plaintiffs’ complaint was filed. In Avery v. Integrated Healthcare Holdings, Inc., six employees sued Integrated Healthcare Holdings, Inc., an operator of four hospitals in Southern California, for overtime violations in two separate actions.

 

Integrated sought to compel arbitration of the claims pursuant to various documents the employees had signed over the course of their employment. Integrated acquired four hospitals in 2005 from Tenet Healthcare Corporation. Alexandra Avery filed her claim in 2009, and four months later, Integrated issued all of its employees, including Avery, a new version of its employee handbook, but without notifying the employees. In January 2010, the second set of employees filed suit against Integrated. The court concluded that Integrated was limited to the Tenet arbitration policy because it issued the Integrated employee handbook after plaintiffs’ claims had accrued, and Integrated failed to notify its employees about the handbook.

 

The court held that the covenant of good faith and fair dealing prohibited Integrated from applying its arbitration agreement to claims that accrued before it issued its new employee handbook. For one employee no evidence was presented that she ever received a copy of the Tenet arbitration policy referenced in its employee handbook. Accordingly, an implied agreement to arbitrate could not be established based on her continued employment with Integrated. As to the other employees, they all signed various forms—an Employee Acknowledgement, an Application for Employment, and a Transition Letter—that incorporated Tenet’s Fair Treatment Process set forth in the Tenet Employee Handbook. However, Integrated did not produce the applicable employee handbooks containing the arbitration provisions. Accordingly, the court concluded the integration of the Fair Treatment Process arbitration procedure through the documents the employees signed was ineffective.

 

Help at Home Pays $302,500 to Settle EEOC Sexual Harassment, Retaliation Lawsuit

Help at Home, Inc., a Chicago-based home healthcare provider that also does business in Missouri, has agreed to pay $302,500.00 in back pay and damages to three former employees and provide company-wide injunctive relief to settle a discrimination lawsuit filed by the EEOC.

According to the EEOC's allegations, Help at Home violated federal law by subjecting Shannon Schroeter, Kari McConnell and Jaclyn Stone to sexual harassment by Help at Home Area Manager Christine Qualls, and by firing them when they complained to the Chief Executive Officer.

 

The EEOC alleged Qualls made sexual comments and propositions to Schroeter, McConnell and Stone who were employed in the company's Hillsboro branch office. Qualls also openly engaged in sexual activities with her girlfriend in the office. The three employees sent an email to CEO Ron Ford complaining about Qualls' conduct. A few days later, Regional Vice President Rick Cantrell came to the Hillsboro office and interviewed the complainants. During the interview, he showed them blank termination and disciplinary forms and told them their answers to his questions would determine which form they would be given.

 

Later that day, Jaclyn Stone was demoted from an administrative position to an hourly home health care aide position. Approximately three weeks later, Qualls ordered Kari McConnell to be discharged for poor attendance after she returned from an approved medical leave to care for her seriously ill daughter. Qualls also disciplined Shannon Schroeter several times and discharged her four months after she complained to CEO Ford. No adverse action was taken against Qualls.

Such alleged conduct violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination, including same-sex sexual harassment, and retaliation for complaining about it.

 

In addition to the $302,500 settlement, Help at Home has agreed to take specific company-wide actions designed to prevent future sexual harassment and retaliation, including providing training to managers and supervisors on sexual harassment and retaliation and how to handle sexual harassment complaints. The company will also train all non-management employees on their right to be free from sexual harassment and retaliation and how to report complaints. Help at Home will post EEOC notices specifically prohibiting sexual harassment and retaliation at all of its 146 branches spanning 10 states, and will periodically report to the EEOC of complaints of sexual harassment and the company's handling of the complaints.

 

Factoids

• 74% of employees report that they are satisfied with their current health benefits
• 83% or workers say they are stressed by at least one thing at work
• 78% of part-timers say they are satisfied with their job while only 74% of full-timers say the same.
• 53% of employees surveyed said they wanted to leave their job because they didn’t trust their boss
• Most Home Health Aides are women between 25 and 54 years old
• Home Health Aides average pay in 2011 was $9.91 per hour, down from $11.14 per hour in 2001

 

Quotes

“It is not necessary to change. Survival is not mandatory.”
~W. Edwards Deming~