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AUGUST
2001
HR
TRENDS: (1) Law schools rank as a top draw for college
grads and former dot-comers, with a 19% jump in the number
of those taking the national Law School Admissions Test,
or LSAT, this June over a year ago. (2) A quarter of the
Equal Employment Opportunity Commission’s fiscal 2000
cases involved alleged employer retaliation against workers
speaking their mind, doubling 1990's rate. (3) About a
third of 1,130 workers surveyed on line by the Society
of Financial Service Professionals say they have played
computer games during work hours. (4) The percentage of
women holding executive-management posts in the 500 top
U.S. companies rose to 5.1% in 1999 from 2.4% in 1996,
says an International Labor Organization survey. Other
Western nations generally have registered even lower rates,
such as Australia with 1.3%. (5) Studies show that companies
that slash their workforces during short term economic
slowdowns take longer to rebound when times get better.
Businesses that cut more than fat are left hobbled by demoralized,
skeletal staffs that can’t handle increased production
when things perk up.
WHISTLEBLOWERS:
EMPLOYEES FIRED FOR REPORTING ILLEGAL WORKERS CAN SUE: Fu
E. Min and his wife, who worked for Los Angeles garment
company Liang Tai Knitwear, reported to the Immigration
and Nationalization Service that their employer was using
undocumented workers, prompting an INS raid in which 40%
of the company's workforce was arrested. A short time later
the Mins were fired. The employer claimed their termination
was due to a business slowdown, but they were the only
workers let go. A jury found that the firing was retaliatory
and awarded them $477,000. Now the federal appeals court
that covers California has upheld the verdict, finding
that federal immigration laws did not preempt the couple's
claim for wrongful discharge in violation of public policy.
EMPLOYEE
BENEFITS: RELIGIOUS ORGANIZATION HEALTH PLANS MAY HAVE
TO COVER CONTRACEPTIVES: A 1999 law requires California
employers to include contraceptives in their health insurance
plans if they cover other prescription drugs. Although
there was a narrow exemption in the law for religious employers,
Catholic Charities didn't qualify because it serves the
general public and most of its employees aren't Catholic.
Now, in a closely watched case, a California Court of Appeal
has rejected the organization's challenge to the law, ruling
that employee insurance offered by Catholic Charities of
Sacramento must include birth control. The decision may
be appealed to the state Supreme Court.
GOVERNMENT CONTRACTORS: CONTRACTOR BARRED
FOR FAILING TO RETURN EEO SURVEY: The
Office of Federal Contract Compliance Programs
initiated an enforcement action in January
against Giant Merchandising, a Los Angeles-based
graphic design company that didn't complete
the OFCCP's Equal Employment Opportunity
survey. Now, the agency has announced that
the design firm has been barred from government
contracting for six months. The OFCCP sent
out another 49,000 surveys in January that
were due back May 31.
WORKERS'
COMP: EMPLOYERS MAY BE ENTITLED TO PREMIUM REBATES: Under
an obscure law enacted in 1993, workers' comp insurers
owe premium rebates to small and midsize California employers
who get workers back on the job in modified or alternative
work arrangements--but many employers aren't aware of the
refunds, according to Richard Stephens, a spokesman for
the state Division of Workers' Compensation. Labor Code
Section 4638 requires insurers to refund one year's worth
of workers' comp premiums paid on behalf of an injured
employee who returns to the job in modified or alternative
work for 12 months. The savings could amount to thousands
of dollars for workers in high-risk jobs such as construction,
and a few hundred dollars each for workers in low-risk
occupations such as clerical jobs.
ACCOMMODATING
EMPLOYEES: WAL-MART MUST RUN ADS FOR NONCOMPLIANCE: A
federal judge in Tucson has fined Wal-Mart $750,000 for
violating the settlement terms of a previous lawsuit that
charged the retailer with failing to accommodate two deaf
applicants. In particular, the judge found that Wal-Mart
failed to timely train its staff in ADA compliance and
neglected to provide an interpreter or other means of communication
after the workers' training period ended. In addition to
fining the company, the judge ordered Wal-Mart to produce
a TV ad to appear locally every day for two weeks to explain
the Americans with Disabilities Act, state that Wal-Mart
violated it, and refer people with potential ADA claims
to the Equal Employment Opportunity Commission.
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