Workplace Investigations
- DOLLAR RENT A CAR TRICKS CONSUMERS WITH INSURANCE SCAM
- APPLE FINED FOR MISLEADING CONSUMERS IN ITALY
- Consumers Take on Delta Over Delayed bags
- JUDGE REJECTS GOVT. “SWEETHEART” SETTLEMENT WITH CITIGROUP, OVER ALLEGATIONS OF FRAUD. Judge rules deal not in the public interest.
- BANKERS WANT ANOTHER BAILOUT FROM HOMEOWNERS
InvestigativeGuy.com Exposes Criminal Employers
John Mattes, attorney and former news reporter is on a mission to expose employee scams whether he walks right in with bright lights and cameras or has to go undercover. John Mattes will find out the dirt for YOU. Visit InvestigativeGuy.com to see employment related videos with a twist. Not only are these video beyond helpful and informative, they are VERY ENTERTAINING as well. If you want to watch bad companies that many of us have fallen for get caught by an Investigator, the www.InvestigativeGuy.com is a must see.
Here is one of many videos by John Mattes, Reporter and investigator.
Preventing Workplace Violence
- Establish a zero-tolerance policy regarding workplace violence against or by employees.
- Provide safety education for employees to inform them of standards of conduct, what to do if they witness or are subjected to workplace violence, and how to protect themselves.
- Secure the workplace with appropriate measures such as video surveillance, extra lighting, alarm systems, guards, electronic keys, and identification badges.
- Provide drop safes to limit the amount of cash on hand.
- Equip field staff with cellular phones and hand-held alarms and require them to keep a contact percon informed of their location throughout the day. keep employer-provided vehicles properly maintained.
- Instruct employees not to enter any location where they feel is unsafe. Provide an escort service at night.
- Investigate and remedy all workplace violence claims promptly.
Settling Disputes
An organization’s grievance procedures should encourage employees to voice their concerns to the company so that they can be resolved quickly. Alternative dispute resolution may be used when disputes cannot be resolved through a company’s internal process. Mediation and arbitration are the two most common forms of alternative dispute resolution. Online dispute resolution a new approach to the alternative dispute resolution. When none of these approaches succeed, employees may seek justice by taking their cases to court. For employment law cases that are resolved by court decisions, two common remedies to violations are monetary damages and settlement agreements.
Changes a Firm May Agree To in Order to Settle a Discrimination Lawsuit
Recruiting and Lawsuit
- Ask search firms to identify widened arrays of candidates.
- Enhance the interviewing, selection, and hiring skills of managers.
- Expand college recruitment at historically minority colleges.
Identifying and Developing Talent
- Form a partnership with nationwide internship programs that target minority students for management careers.
- Establish a mentoring process.
- Refine the company’s global sucession planning system to improve the identification of talnt.
- Improve the selection and developement of managers and leaders to help ensure that they’re capable of maximizing team performance.
Ensuring Fair Treament
- Conduct extensive diversity training.
- Implement an alternative dispute resolution process.
- Include women and minorities on all HR committees throughout the company.
Holding Managers Accountable
- Link managers’ compensation to their success in creating “openess and inclusion in the workplace.”
- Implement 360-degree feedback for all managers and supervisors.
- Redisign the company’s employee attitude survey and begin using annually to monitor employee attitudes.
Improveing Relationships with External Stakeholders
- Broaden the company’s base of vendors and suppliers to incorporate more minority- and women-owned businesses.
- Increase banking, investment, and insurance business with minority- and women-owned firms.
- Add more independent, minority retailers and increase the number of minority managers.
Conditions to Be Met for Employees to Perceive Formal Procedures as Fair
The information used to make the decision is appropriate and accurate.
The basis for making the decision is cleary explained.
All legitimate interested parties are given the opportunity to have input into the decision process.
Attention is paid to ensuring that the less powerful parties are protected from abuse by the more powerful parties.
All interested parties have equal and open access to the system.
The system is relatively stable and consistent over time.
The system is flexible enough to be responsive to changing conditions and unique circumstances.
Roles & Responsibilities of HR professionals to Ensure Fair Treatment and Legal Compliance
Line Managers
- Proactively seek to understand and respond to employees’ fairness concerns.
- Stay informed about laws and regulations protecting employees’ rights and behave in accordance with them.
- Establish and review policies to ensure fair treatment of employees in collaboration with HR professionals.
- Learn the steps involved in the organization’s grievance procedures and follow them.
- Participate in divertsity training programs and other diversity management initiatives.
- Intervene if you observe discriminatory or other illegal or unethical behavior among subordinates, collegues, r superiors.
HR Professionals
- Encourage the use of societal views of fairness rather than adopting a narrow legalistic model.
- Stay up-to-date about new legal developments in employment law; consult with legal experts as needed.
- Develop and help implement policies that support fair andethical behavior by everyone in the organization.
- Administer grievance procedures and participate in alternative dispute resolution activities.
- Design, deliver, and evaluate diversity training and other diversity management initiatives.
- Help keep employer and employee rights and responsibilities in balance.
Employees
- Accept and fulfill responsibilities to behave fairly toward your colleagues and employer.
- Be informed about laws and regulations protecting employees’ rights and behave in accordance with them.
- Work with HR professionals to establish procedures for dealing farly with workplace issues.
- Report discrimnatory or other illegal behavior among subordinates, colleagues, or superiors to an HR professional.
- Participate in diversity training and provide feedback on its effectiveness and other diversity initiatives.
- Help educate employees from oter cultures about U.S. employment law; learn about employment laws in other countires.
Things Your Should Know About California Overtime Pay
Overtime pay, undeniably, has been a pivotal component of the labor culture in the United States and in other countries as well. Overtime pay is actually a requirement imposed through federal law. Specifically, the law is known as Fair Labor Standards Act.
The Fair Labor Standards Act essentially requires employers to give their employees overtime pay for each hour they worked, given that the number of hours worked exceeded 40 hours a week. Operationally, overtime pay is 1.5 times the usual hourly rate of employees. Meanwhile, for other jobs like those of firefighters and police, the rule could be a bit different. Naturally, California has its own governing laws regarding overtime pay. The federal laws on labor in California are often considered stringent relative to the other states. Under the federal laws in California, overtime is computed not on a weekly basis but on a daily basis. If an employee worked for more than 8 hours a day, then the employer would have to pay him or her 1.5 times the usual hourly rate.
In addition, in California labor laws, there are differences on whether employees would get overtime, depending on state and federal laws. Those employees who are not entitled to overtime pay are called “exempt. Labor records in the United States reveal that there are about 50 million exempt workers out of the 120 million workers in the country. An employee is classified as exempt is he or she falls under the following conditions:
- He or she is the one managing the company or business
- He or she is supervising at least two subordinates
- He or she is ventured the power to fire employees
- He or she is entitled to independent business decision-making
- He or she is spending at least half of her time doing the tasks mentioned above
More so, there also some considerations that make exempt employees in receiving their overtime pay. The five categories of professions are those that are not entitled to receive overtime pay:
- executive
- sale representative
- professional
- computer software professional
- administrative
The labor laws in California are indeed specific. The laws discuss in detail the rights and responsibilities of employees, as well as those of the employers. When it comes to wages, the California federal laws have been treating each party fairly.
If an employee has declined to render overtime when most needed, the employer can impose a sanction. However, if the employees would like to request for a wage increase, the employee cannot fire the employees and must addressed their needs according to the result of formal bargaining between the two parties. Both parties should be aware that they are working for the betterment of the business or company.
Government Labor Related Websites
The following are government labor laws related websites.
29 California Legal Codes :: http://www.leginfo.ca.gov/calaw.html The State Bar of California - Labor and Employment Law Section :: http://www.calbar.ca.gov/state/calbar/calbar_generic.jsp U.S. Department of Labor - Compliance Assistance :: http://www.dol.gov/compliance/ Bureau of Labor Statistics - U.S. Department of Labor :: http://www.bls.gov/oco/ocos021.htm The State of California - Laws and Regulations :: http://www.ca.gov/Employment/LawsAndRegs.html California Labor and Workforce Development Agency :: http://www.labor.ca.gov/laborlawreg.htm
Employment Agencies – Administrative and Regulatory
Here is a list of employment administrative agencies that can help any employee or employer in any legal situation.
Department of Labor ["DOL" - Federal labor or "wage" law enforcement] :: Website
California Department of Industrial Relations - Regulation of employment conditions :: Website
Bureau of Labor Standards Enforcement - California's "Labor Commissioner" :: Website :: How to File a Claim?
Workers' Compensation Appeals Board (WCAB) - Workplace injuries and disabilities :: Website
Employment Development Department (EDD) - Unemployment benefits and claims :: Website
Equal Employment Opportunity Commission (EEOC) - federal discrimination enforcement :: Website
Department of Fair Employment and Housing (DFEH) - Discrimination law enforcement :: Website
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