Newton's third law of motion states that for every action there is an equal and opposite reaction.  Great, you say, a lawyer who fancies himself as a physicist.  And what the heck do physics laws have to do with employment laws?  Hang with me and I'll connect the dots. 

Unless you've been living in a cave in Afghanistan, you know that last week the U.S. Supreme Court ruled that lower courts had improperly certified the massive gender discrimination class action lawsuit against Wal-Mart, the nation's largest private employer.  The case, which has been going on for over 10 years, had been the largest job-discrimination class action in history, potentially covering 1.5 million women and exposing Wal-Mart with billions of dollars in liability.  But the majority of the Court, in a 5-4 decision, said the women who brought the case failed to point to companywide policies that had a common effect on all women covered by the class action.

That was the action.  Now the reaction. 

Capitol Hill Democrats denounced the ruling and are using it to renew a push for new legislation addressing equal pay and gender discrimination.  Sen. Tom Harkin (D-Iowa) said the decision is "a reminder that much work remains to be done in order to achieve equal pay for men and women."  Harken, who co-sponsored the proposed Paycheck Fairness Act and the Fair Pay Act, then promised to "work with my colleagues to strengthen the anti-discrimination laws" and ensure that "victims have access to justice and corporations are held accountable."   Rep. George Miller (D-Calif.) similarly proclaimed that the Wal-Mart decision "really underscores the need for Congress to strengthen our civil      Continue Reading...

The Department of Labor is currently hiring.  While this is good news for recent college graduates looking for work, this may not be such good news for employers.  The DOL is continuing to focus its resources on enforcement of the Fair Labor Standards Act (FLSA).  This focus can mean only one thing for employers -- an increased likelihood of a wage and hour audit.  The local DOL office in Wichita, which covers most of Kansas, has added several new investigators in recent months and is currently hiring yet another.  These recent hires are just now starting to get out of their office and into employers' offices.  These additional investigators likely will result in increased enforcement activity going forward.  In the short-term, employers should consider self-auditing their pay practices, with the guidance of legal counsel under the attorney-client privilege, to ensure compliance with the FLSA prior to getting a visit from the DOL.

Yesterday the Swedish automaker Saab informed its employees that it could not pay them their wages this month because it could not secure short-term funding.  Saab and its parent company said they are in discussions with various parties to obtain financing arrangements.  If Saab does not pay the wages within 10 days, employees have the right under Swedish law to file a demand with a government enforcement agency. 

Unfortunately, similar stories have played out in Kansas over the past several years as a result of the economic downturn.  Companies that employ workers in Kansas should be aware that they are subject to the Kansas Wage Payment Act, which protects wage earners and their wages. 

Under the KWPA, employers must pay their employees all wages due at least once each calendar month, on regular paydays designated in advance.  These paydays cannot be more than 15 days after the end of the pay period.  An employer that fails to pay employees' wages is potentially liable not only for the amount of the unpaid wages, but also for interest and a penalty.  The penalty for willful non-payment of wages is one percent of the unpaid wages per day (except Sundays and holidays), starting the eighth day after the wages were due, up to a maximum of 100% of the unpaid wages.    

If the employing company iteself does not pay the wages, major shareholders, officers, managers, agents, and other persons in charge of the employer's affairs who knowingly permit the employer to engage in a violation of the KWPA can also be held liable for the unpaid wages, interest, and      Continue Reading...

At the Foulston Siefkin LLP employment law seminar Vaughn Burkholder, Tara Eberline and Teresa Shulda discussed some common scenarios that human resources managers may be confronted with from time to time.  In response to numerous requests to see the videos again, we bring you a hopping-mad Easter Bunny as he deals with a payroll-related concern.  Will the complaining bunny get the carrot or the stick?  Click here to look in on the conversation.

Most employers understand the implications of sexual harassment in the workplace and have policies prohibiting inappropriate behavior.  Those same employers usually have a reporting mechanism embedded within those anti-harassment policies.  Both of these procedures are prudent.  So what should an employer do when a complaint arrives via the procedure established?  The answer is simple - go out and investigate and respond to the complaint.  Too often employers enact policies and procedures and then fail to implement them.  The cost of failure can be high in terms of monetary value and the lost time and energy in dealing with agency complaints and/or lawsuits that could arise down the road.  One employer recently learned the lesson of follow-up the hard way.  The allegations made by the plaintiff in Alford v. Aaron Rents, Inc. are extreme and the response by the company to the intial complaint appeared to be non-existent.  The takeaway from this $95,000,000 verdict against the employer is to always follow-up, investigate, and take action on complaints.  Otherwise the cost could be as extreme as the facts in this case. 

For the details click here for the story published in the St. Louis Post Dispatch.

The Occupational Safety and Health Administration issued additional guidance for residential construction employers with respect to the newly changed fall protection requirements.  OSHA will use a three month phase in period during which they will issue "warning" materials to employers not in compliance with the newly heightened standards.  This warning will only be utilized for employers fully complying with the old requirements should they fall short of compliance with the new requirements. 

Click here to see the OSHA press release.

Later this month the flick Bad Teacher, starring Cameron Diaz, will hit movie screens across the country.  And who can forget Billy Bob Thornton's turn as the title character in Bad Santa, the screwball black comedy produced by the Coen brothers?  Perhaps continuing a trend, potential scripts for Bad Job Applicant are practically writing themselves.

A couple of months ago I wrote about outrageous interview gaffes made by job applicants, as reported by hiring managers in a national survey.  (Click here to read the original post.)  This week one of my favorite guilty pleasure websites, HR Strange But True!, told the real-life tales of several other odd interview experiences.  Click here to read about the intoxicated interviewee, the job seeker with a fishy story about her past jobs, and the overly affectionate applicant. 

We previously gave you the skinny on the Kansas Workers Compensation Reform Act, which went into effect May 15, 2011.  (Read more here.)  The Kansas Department of Labor has since updated its “posting” notice, which the Department’s regulations require all employers covered by state workers compensation laws to post in their workplaces.  The new bi-lingual form (Form K-WC 40 (Rev. 5/11)), which tells employees what to do if an injury occurs on the job, is available for free on the Department’s website here.  Adhering to the regulations’ posting requirement may help employers defeat untimely workers compensation claims.