Employment Law E-Newsletter—Volume 2
EEOC ADDS MORE ETHNIC AND JOB CATEGORIES TO EEO-1
If you are required to file an EEO-1, effective with this September’s report the form and categories have changed. The race and ethnic categories now include “Two or more races”; “Asian and Pacific Islanders” is now 2 separate categories –“Asian” and “Native Hawaiian or other Pacific Islanders” – and the categories Black and Hispanic have been renamed to “Black or African American” and “Hispanic or Latino,” respectively. In preparing the form, the EEOC is strongly endorsing employee self-identification of race and ethnicity.
“Officials and Managers” has been divided into 2 categories and non-managerial business and financial occupations have been moved to “Professionals.”
To obtain the new format, explanations and instructions, see the EEOC’s website at: www.eeoc.gov/eeo1/index.html.
CAN YOUR EMPLOYEE’S CELL PHONE GET YOU INTO TROUBLE?
Unfortunately, the answer is yes; and the chances grow if you provide the cell phone and/or pay the bills. We’ve all seen people driving down the highway with one hand holding the cell phone to their ear and numerous studies have related accidents to cell phone usage. Just as you could be held responsible if one of your employees injured themselves (Workers’ Compensation) or a third party in some other way, you may find yourself liable in the event of a driving accident which is linked to cell phone usage. This is especially the case where the call in question was work-related or the accident occurred in a state which has a hands-free law. In one recent case, the damages paid exceeded $3,000,000. Eliminating the risk by banning cell-phone use outside the office is neither desirable nor practical; but ignoring the issue is a high stakes gamble.
For assistance in developing a practical, enforceable cell phone policy, call Kathy Mills (610) 797-9000 x 308.
WHEN IS A RELEASE RETALIATION?
Employers offering a separation package or settling any type of claim with an employee routinely require the employee to sign a broad, general release in exchange for receipt of the benefit. The release usually waives and releases any claim which the employee may have arising under any employment or benefits laws and precludes filing a Charge of discrimination or lawsuit against the employer. Courts have held that because filing a Charge of discrimination is a protected activity, denying an employment benefit to those who refuse to waive it is retaliatory. Similarly, requiring an employee to withdraw a pending Charge in order to receive severance allowance or other settlement has been held to constitute discrimination. There are ways that an employer can craft a release so as to be protected from future financial liability without running afoul of the anti-discrimination statutes.
Need help crafting a General Release that will protect
your interests without running afoul of the discrimination laws? Call
(610) 797-9000.
SHOULD YOU BE CONCERNED ABOUT DOMESTIC PARTNER BENEFITS?
Now that New Jersey has legalized same-sex unions, the question of so-called “domestic partner” benefits has increasingly become an issue for Eastern Pennsylvania employers. Whether you wish to provide such benefits or not, review of your plans and policies will prove time well spent. How does your plan/policy define “spouse”? What about “dependent”? If you choose to provide such benefits, have you established that your insurance company will permit coverage for domestic partner benefits? Are your accounting systems set up to recognize that the benefits for the domestic partner are taxable under at least federal (and possibly your state) law? If you choose not to offer such benefits, how can you avoid them for an employee who lives and entered into a civil union in New Jersey?
For general and specific assistance with your benefit plans and policies, call Kathy Mills (610) 797-9000 x 308.
DON’T FORGET THE PA. MINIMUM WAGE GOES TO $7.15/HR ON July 1.
($6.65/hr for employers w/ 10 or fewer employees)
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