Sexual Harassment in the Workplace: Very Real and Very Costly for Employers

150212-sexualharassment-stockWhile sexual harassment has been in everyone’s vocabulary since Dolly Parton’s Nine to Five graced screens in 1980, it has become a topic of increased importance and media coverage as more and more sexual harassment claims are brought against celebrities such as Bill Cosby, President-Elect Donald Trump, and former President Bill Clinton.  While you or your employees may not identify with these over-the-top personalities in positions of power, sexual harassment claims are very real and very expensive.

For example, a recent claim against the popular P.F. Chang’s China Bistro chain cost the company $1 million in response to two employees’ claims that they were repeatedly sexually harassed and were subjected to a hostile work environment. According to the arbitrator’s written order, both women said they were subjected to offensive comments and conduct from the male kitchen staff at the restaurants, including jokes about sex, remarks about female workers’ bodies, and kissing and whistling noises aimed at female employees as they walked by. In addition, one of the women said she saw a group of male kitchen employees watching a pornographic video on a smartphone, and she frequently heard the cooks singing sexually explicit songs in the rear of the restaurant in University City.  The reality is that these activities occur more often than you might think.

To continue reading about the risks of sexual harassment in the workplace and how to protect yourself as an employer, continue reading our article in the December issue of the California Employer’s Report. Continue reading

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DOL Rule Increasing Minimum Salary Requirements for Exempt Employees Now on Hold Per Court Order

gavelLast month, we discussed how the Department of Labor (DOL) was scheduled to implement a new rule that would increase the minimum salary requirements for exempt employees.  The new rule published by the DOL would have doubled the minimum salary requirements for employees from $455/week to $913/week. This rule was supposed to take effect on December 1, 2016; however, employers can breathe easy for a bit longer.

On November 22, 2016 a federal judge from the United States District Court in Texas temporarily blocked implementation of the rule, in response to a request by 21 states and business groups.  This delay is temporary, while litigation continues and the court makes a determination as to whether the DOL has the authority to implement such a rule. Continue reading

Is Your Company Reimbursing Employees for Use of Their Cell Phones?

Updated September 24, 2018

by Jennifer A. Grady, Esq.

cell phone

New Cell Phone Laws for Employers

As of January 1, 2016, California employers must reimburse employees for use of their personal cell phones for mandatory business purposes, as decided by the California Appellate Court in Cochran v. Schwan’s Home Service, Inc. The ruling affects millions of employers who must update their company policies in order to stay compliant with the new law.  While this law has been on the books for over two years now, it appears as though many companies have not addressed this law or made it part of their employee reimbursement practices.  Is your company reimbursing its employees for their cell phone call and data usage?  Read below for policy suggestions. Continue reading