Calvin Associates, Inc.

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The Performance Review Your Employment Attorney Wants | Zelle Hofmann Voelbel & Mason LLP – JDSupra 8-21-15

August 28 2015, 7:04 pm Bruce’s Summary: “Performance remains the number one reason for terminating employees.” To support an employer in possible litigation after termination occurs employment lawyers need to show that the employer has conducted a credible, consistent, process in performance reviews. Are your performance reviews just an annual process that isn’t productive? Or do they help an […]

The Customer Can’t Always Be Right | LeClairRyan – JDSupra 7-19-15

August 27 2015, 7:53 pm Bruce’s Summary: Recently the customer of a Virginia business requested that only a white male should deliver a purchase to their home. The business acquiesced even though it meant bringing back a black male who was en route to make the delivery. This action violated Title VII of the Civil Rights Act of 1964 […]

Say What? An Employee Can Sue for Discriminatory Termination After Resigning? | Hinshaw & Culbertson LLP – JDSupra 7-20-15

August 25 2015, 11:28 pm Bruce’s Summary: Yes. After an employee quits they can sue an employer for discriminatory termination and if the court finds that “working conditions became so unbearable that a reasonable employee would have no choice but to quit” or if the employer has behaved “in a manner that effectively communicates to an employee that she […]

“Pay Stubs Rules: A trap for the Unwary in California” By Hopkins & Carley 8/14/15

August 18 2015, 10:21 pm Bruce’s Summary: The California Labor code requires employers to provide a very specific, itemized list of information to employees along with their paychecks. Even if you have an outside third party process your paychecks you as the employer are libel if complete info is not provided. Good overview of process to follow and penalties […]

“Think Fast: HR’s Prompt Investigation Key Factor in Sexual Harassment Case Win for Employer”

August 13 2015, 9:47 pm Bruce’s Summary: A Tennessee Court recently granted summary judgement for an employer because of its prompt and objective response to an employee’s sexual harassment complaint. Once the employer received the complaint they initiated an investigation and placed restrictions on the accused. The Court’s judgement reinforces the fact that a prompt and reasonable investigation – […]

“Megan’s Law: How California Limits its Use for Employment Purposes 7-31-15

August 12 2015, 6:34 pm Bruce’s summary: Can an employer use Megan’s Law (CA Penal Code S 290.46) to make hiring decisions? Yes and no. Megan’s Law requires all convicted sex offenders to register with the state. This registry of 83,000 names is published online. Employers cannot use information from this registry to refuse to hire, fire, or demote […]

It’s Not Just the DOL That Thinks You May Have More Employees 7-29-15

August 06 2015, 8:23 pm Bruce’s Summary: South Carolina decided a case recently on who had responsibility when a temporary employee complained of sexual remarks from an employer where her staffing agency placed her – was the staffing agency or the employer responsible? Utilizing the “Hybrid Test” (nine factors reviewed in the article) the court determined that even though […]

Surprise! NLRB Approves Employer’s Challenged Social Media Policy 7-23-15

August 04 2015, 5:42 pm Recently the NLRB approved language that was used by a company in their social media policy, saying that “employees reasonably would not construe the policy to prohibit protected activity.” Time to review your social media policy and procedure, change the training material if necessary, and share with your teams. “None of the information contained […]