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In May of 2007 in response to a perceived 'potential for greater discrimination against working parents and others with caregiving responsibilities', the United States Equal Employment Opportunity Commission (EEOC) issued new enforcement guidance addressing Unlawful Disparate Treatment of Workers with Caregiving Responsibilities (EEOC-A, 2007). On April 22, 2009, the EEOC issued additional guidance to employers, Employer Best Practices for Workers with Caregiving Responsibilities, offering 'proactive measures that go beyond federal nondiscrimination requirements' (EEOC B, 2009). These guidelines are designed to reduce employers' exposure to litigation for 'violations against caregivers, and to remove barriers to equal employment opportunity' (EEOC B, 2009). This paper examines the initial guidance provided by the EEOC with respect to individuals with caregiving responsibilities, recent court cases involving the issue, and the best practices suggestions recently issued by the EEOC., INTRODUCTION In May of 2007 in response to a perceived 'potential for greater discrimination against working parents and others with caregiving responsibilities', the United States Equal Employment Opportunity Commission (EEOC) [...]

Complying with the Fair Labor Standards Act (FLSA) continues to be a challenge for employers. In Fiscal Year (FY) 2008, the U.S. Depart of Labor's Wage and Hour Division (WHD) recouped back wages totaling $185,287,827 for 228,645 workers. While this amount is down from the $220,613,703 recouped in FY 2007, it still represents a 40 percent increase over the FY 2001 amount. Since FY 2001, WHD has recouped more than $1.4 billion in back wages for over two million workers (DOL News Release, 2009). Back wages associated with overtime violations accounted for 88 percent of all FLSA back wages collected and 93 percent of all workers due FLSA back wages (DOL Results Page, 2009). In addition to the back wages recouped by the federal government, employers in a variety of industries all across the United States have over the last ten years been staggered by large settlements awarded to employees in class action litigation estimated to be as high as $319 million in 2007 and even higher in 2008 (Seyfarth Shaw (2008). The purpose of this paper is to examine the nature of the challenges employers have faced in recent years with respect to FLSA compliance and what organizations can do to facilitate compliance with the FLSA., INTRODUCTION Complying with the Fair Labor Standards Act (FLSA) continues to be a challenge for employers. In Fiscal Year (FY) 2008, the U.S. Depart of Labor's Wage and Hour Division [...]

Former Supreme Court Justice, Lewis Powell described the federal judiciary and the United States Supreme Court as perhaps 'the most important instrument for social, economic, and political change' (Lazarus, 2008). Recent terms of the Supreme Court have produced a number of important decisions impacting decision making with respect to an organization's human resources. For example, in the 2007/2008 term, the Court issued important decisions involving age discrimination and retaliation. These decisions have been characterized as expanding an employer's burden of proof in responding to allegations and potentially increasing the cost to defend themselves in responding to allegations of discrimination (Smith, 2008-B & AHI's Employment Law Today, 2008). The purpose of this paper is to examine the Court's decisions in these two areas and to present policy and practice suggestions for organizations to reduce their exposure to litigation and cost in the future., INTRODUCTION Former Supreme Court Justice, Lewis Powell described the federal judiciary and the United States Supreme Court as perhaps 'the most important instrument for social, economic, and political change' (Lazarus, [...]

The percentage of sexual harassment allegations filed by workers under the age of eighteen has increased dramatically since 2001. It is generally accepted that attitudes toward work and many basic work related behaviors are learned early in life. Because of that, the initial job experiences that young workers encounter are important in shaping their future behavior in the workplace. The purpose of this paper is to examine the Equal Employment Opportunity Commission's (EEOC) Youth@Work initiative and to present policy and practice suggestions that employers can utilize to reduce their exposure to litigation and create positive first work experiences for young adults., INTRODUCTION The first job is a rite of passage for any teenager, giving young workers their first taste of real responsibility and teaching them some important financial lessons. But as [...]

ABSTRACT Making an accurate hiring decision is extremely important for most employers. The cost associated with making a poor hiring decision from a productivity, customer service, and liability prospective have [...]

ABSTRACT According to a 2002 report by TransUnion, one of the U.S.'s three credit bureaus, the No. 1 underlying source of identity fraud is theft of employer records. Human Resource [...]

ABSTRACT For most non-union employers, the National Labor Relations Act (NLRA) is probably not the federal statute that has drawn a great deal of attention in recent years. Given the [...]

ABSTRACT The Worker Adjustment and Retraining Notification Act (WARN) provides that, with certain exceptions, employers of 100 or more workers must give at least 60 days advance notice of a [...]

ABSTRACT Employee allegations of sexual harassment by supervisors and co-workers continue to be a complex human resource management problem for employers. While recent Supreme Court decisions in Burlington Industries, Inc. [...]

ABSTRACT Allegations of harassment in violation of federal anti-discrimination legislation continue to be a daunting complex human resource management problem for decision makers. While the 1998 Supreme Court decisions in [...]

ABSTRACT Numerous reports in the popular press have alluded to a rise in the number of frivolous lawsuits being filed in the United States. Employers have lamented for years that [...]

Termination is often referred to as 'capital punishment in the workplace' (Segal, 2000). When the termination or separation process is improperly managed, the traumatic nature of the situation escalates. The purpose of this paper is to provide policy suggestions on what an organization can do to minimize the occurrence of workplace aggression during employee termination procedures. In the first eight months of 2001, the Bureau of Labor Statistics reported a net decrease in total national employment of 33,000. In the last four months of 2001, the decrease was 1,098,000. Some of these cuts were in firms that had long maintained policies that promised employees job security such as Hewlett Packard (Fortune, 2001). The reasons given by employers for the dismissals are general business or industry downturns, efforts to improve financial and operational efficiency, and competitive pressures (Gross, 2001; Peter, 1997). Workforce reductions have been accepted as a strategy to cut costs by lowering overhead, eliminating bureaucracy, and reducing surplus employees. Alternatively, downsizing can be used to seek favor with investors and financial analysts, and stock prices tend to rise in response to workforce reduction announcements (McKinley, Sanchez & Schick, 1995). Recent studies have raised serious questions concerning the long-term effects of downsizing as a strategic response to competitive pressures. An American Management Association's study reported that only 43 percent of firms increased operating profits, and only 30 percent increased worker productivity (Peter, 1997). The AMA study also documented a profound decrease in morale with those who survive the downsizing that could result in higher turnover in the future (Peter, 1997). According to Gross (2001), the results of the empirical research suggest that 'downsizing does not appear to be in the best interest of the corporation, its employees, or its shareholders.' The general state of the economy, plant closings, layoffs, and downsizing are listed as high risk factors for workplace violence (Nigro & Waugh, 1996). The 'death of job security' has created feelings of powerlessness and frustration in the workplace that could lead to aggression and thus workplace violence (Filipczak, 1993). Although the declining economy has been blamed for violence, there is evidence that layoffs or terminations do not provoke violence in and of themselves. Violence may be more the result of wounded pride and humiliation that occur when the termination or separation is improperly managed. According to the results of one study, displaced workers did not complain about termination decisions rather 'the manner the termination was handled.' That is, the dehumanizing way the termination action was implemented (Bensimon, 1994; Schweiger, Ivancevich & Power, 1987). Perhaps the Golden Rule can guide who, when, where, why, and how to conduct the termination interviews and thus alleviate the violence (Mantell, 1994; Rothman, 1989)., INTRODUCTION On April 11, 2001, a month after being terminated, a postal employee returned to the job site, stabbed four of his former coworkers, and was killed by the police [...]

ABSTRACT This paper examines the stock market reactions to announcements regarding employment discrimination. The study finds that there are no statistically significant excess returns associated with settlement announcements and decision [...]

The purpose of this paper is to examine current substance abuse issues of which management should be cognizant and to provide the most recent policy and practice suggestions to manage the problems created by workplace substance abuse. The issues to be examined include economic and hidden costs, legal, and employee relations. Practical suggestions for employers to deal with substance abuse are a zero tolerance policy, educational training, and employee assistance programs (EAPs). Other related policy issues are tips on how to deal with employees who report to work unfit, what to do if illegal drugs are found at work, and how to deal with serious drug problems., INTRODUCTION On Mother's Day, May 9, 1999, another substance abuse tragedy occurred in the workplace. On this occasion, the workplace was a bus owned by Custom Bus Charters with 43 [...]

The associational discrimination provision of the Americans with Disability Act (ADA) prohibits employment discrimination against applicants and employees, whether or not they have a disability, because of their known relationship or association with a person with a known disability. Over the last ten years, the number of charges alleging violation of the association provisions received by the Equal Employment Opportunity Commission (EEOC), with the exception of FY 2012, has steadily increased. The purpose of this paper is to examine recent litigation associated with the associational discrimination provisions of the ADA and present suggestions to help employers minimize litigation risks. [ABSTRACT FROM AUTHOR]

"Smokin in the Boys Room", the 1973 Brownsville Station pop hit that was about high school students attempting to evade their school's no-smoking policy, is now being played out in workplaces across the United States as employers ramp up their efforts to reign in health care costs. This time though, in addition to policy that prohibits smoking on the job (even in the bathrooms), employers are looking to extend the prohibition off the job. A number of organizations in both the private and public sector around the United States are reported to have created "smoker-free" policies (Deschenaux, 2011). These policies, in effect, are now making not smoking a condition of employment. These policies are not without controversy, and have sparked debate regarding a number of issues. In this paper the legal, policy, and employee relations issues associated with employer efforts to regulate this aspect of employees' lifestyle are examined. [ABSTRACT FROM AUTHOR]