Calvin Associates, Inc.

date »2016 »08

Post a Tweet, Lose Your Job 8-23-16

August 30 2016, 12:26 am

http://www.jdsupra.com/legalnews/fired-post-a-tweet-lose-your-job-43928/ Bruce’s Summary: There are no secrets anymore. Tweets and Facebook posts by two employees of different companies went viral causing a flood of responses to the two individual’s employers requesting the employer’s response to such comments. According to the author, both employees were fired. Here’s where HR Professionals play a key role: Retain evidence, […]

The Keys to Harassment Prevention: An Interview With EEOC Commissioner Chai Feldblum 8-17-16

August 25 2016, 9:27 pm

http://www.jdsupra.com/legalnews/the-keys-to-harassment-prevention-an-80144/ Bruce’s Summary: The Commissioner of the U.S. Equal Employment Opportunity Commission (EEOC) co-chaired the EEOC Select Task Force on the Study of Harassment in the Workplace which produced a report of its findings in June 2016. What I feel is unique about this report, is that it actually addresses a number of underlying issues […]

California Can No Longer Ignore Federal Classification Rules 8-16-16

August 23 2016, 6:05 pm

http://www.jdsupra.com/legalnews/california-can-no-longer-ignore-federal-83335/ Bruce’s Summary: It has now happened. Effective December 1, 2016, the new federal minimum salary requirements for employees to be considered exempt from FLSA’s overtime provisions will go into effect and will exceed California’s minimum requirements. According to the author, starting December 1, 2016, the new federal rule raises the minimum salary threshold to […]

The Concept Of Independent Contractor Is Under Assault— Especially In California 8-13-16

August 16 2016, 11:48 pm

http://www.jdsupra.com/legalnews/the-concept-of-independent-contractor-80893/ Bruce’s Summary: With today’s proliferation of on-demand businesses the definition of Independent Contractor and traditional Consultant is constantly redefined and can have a major impact on organizations. State agencies such as the EDD and federal agencies such as the DOL, NLRB and others are redefining the consulting landscape and raising the liability if employers […]

Conservative Expression May Be Unlawful Harassment, EEOC Says | Constangy, Brooks, Smith & Prophete, LLP – JDSupra 8-5-16

August 10 2016, 8:18 pm

http://www.jdsupra.com/legalnews/conservative-expression-may-be-unlawful-10209/ Bruce’s Summary: Could the EEOC feel something (Gadsden Flag symbol, “Don’t Treat On Me”) is a form of racial harassment, even if it “originated in the Revolutionary War in a non-racial context, and has been used to express various non-racial sentiments?” According to the author, the symbol appears to have been used once by […]

Who Decides Whether Arbitration Will Include Class Claims? California High Court Says Ambiguous Agreements May Be Decided in Favor of Workers 8-2-16

August 04 2016, 9:20 pm

http://www.jdsupra.com/legalnews/who-decides-whether-arbitration-will-26056/ Bruce’s Summary: Remember all those people you have hired over the years, well something important has just been changed by the California Supreme Court in contradiction with the federal appellate courts. All those Arbitration Agreements that you have signed and neatly filed away may have a ticking sound coming from them now. Their just […]

HR to the Rescue: Prompt Investigation Beats EEOC’s Sex Harassment Claim 7-28-16

August 01 2016, 4:09 pm

http://www.jdsupra.com/legalnews/hr-to-the-rescue-prompt-investigation-29256/ Bruce’s Summary: Although this case was held in a federal court outside of California, the facts speak for themselves with the author focusing on the use of good HR practices critical in providing a prompt and appropriate investigation of a sexual harassment complaint and thereby providing their employer a viable defense to the allegations. […]