August 2018 Newsletter

Afraid that your dress code will cause your employees to up and quit? Gentle Reader, you've come to the right place. Dear Miss Mannerly: I am an HR Manager for a major metropolitan employer. Now that it is June, some of our employees are coming to work in t-shirts and shorts, or very skimpy sundresses. We want to issue a dress code, and hope to have it rolled out by July 15. Meanwhile, how should we deal with our employees who are dressing...
Pow! Pow! Pow! The College of Wooster, in Wooster, Ohio (student body approx. 2,000), is going to have to go to trial on a triple whammy of pregnancy discrimination, failure to accommodate a disability, and violations of the Family and Medical Leave Act -- when the plaintiff wasn't even eligible for FMLA leave and got more leave than would have been required if she had been eligible! This case -- involving what seemed to be a nice...
I've thought a lot of things walking through Costco. Why aren't the free samples out yet? What the heck am I going to do with 10 pounds of cheese, but damn that's a good price? How did I just manage to spend $250? The one thing I've never thought? It's so loud in here; I wish the employees would speak more quietly. Then again, I've never been in the Costco in Pompano Beach, Florida. That's where Christine D’Onofrio worked for 24 years...
It is quite common in the hospitality industry for employers to pay tipped employees a cash wage that is less than the required minimum wage. This practice is permissible under the Fair Labor Standards Act’s (FLSA) tip credit provisions. The philosophy underlying the tip credit is that the tipped employees are receiving compensation in the form of tips from customers, thereby relieving the employer of some of the burden associated with paying...
Every workplace has had THAT employee. The hothead. Someone who loses their cool at the drop of hat. Yells, screams, and is prone to fits of rage. It should go without saying that no one should be required to be subjected to this degree of misconduct. For this reason, you may (should?) decide to separate Hothead's employment. What happens, however, if Hothead delivers a doctor's note advising you that he or she is being treated for "intermittent...
On July 9, 2018, California Governor Jerry Brown signed Assembly Bill 2770 (AB 2770) into law. The new statute amends California Civil Code Section 47, which designates certain communications as “privileged,” meaning that individuals cannot be liable for defamation (including libel and slander) based on those communications.  Both the California State Senate and Assembly passed the bills on their respective consent calendars...