OfficeMax pays for bias and retaliation charges

OfficeMax in Sarasota agreed to pay $85,000 and change its recruiting practices to settle a retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC). 

According to the lawsuit, a Hispanic sales associate was fired and complained to human resources that he was fired because of his race. Human resources ordered the manager to reinstate the associate, but after doing so, began to subject the associate to “unwarranted and disparate discipline, disciplinary actions based on false accusations,” and lowered the associate's hours in an attempt to have the associate quit. 

The associate continued to complain about the treatment before finally quitting. In addition to the monetary settlement, OfficeMax agreed to recruit more black and Hispanic applicants in the Sarasota/Bradenton area, among other provisions. 

The Greater Sarasota Chamber Expo Winner!

It was a pleasure to see so many organizations attend the expo hosted by the Greater Sarasota Chamber of Commerce! We had a raffle drawing for two dozen Titleist golf balls, and the winner was Dr. Alexander Gaukhman from Venetian Dental! Congratulations doctor!

Best Companies to Work For

Here is the list for Fortune Magazine's 100 Best Companies to Work For: Best Companies to Work For

What makes these companies great places to work? Why is it important? Happy employees are more productive, and since they are the face and voice of your company, you need them to exude a positive vibe whenever they interact on your behalf. If employees have mostly positive experiences while at work, there will be less absenteeism and turnover. Read what the top companies are doing differently. Then call us to help you determine and implement the smartest ideas for your company and employees.

12 Most Odd Excuses to Use Employee Sick Days

Here is a funny list of some of the most odd excuses employees have used to get their sick days:

• Employee’s 12-year-old daughter stole his car and he had no other way to work. 
• Employee didn’t want to report it to the police. 
• Employee said bats got in her hair. 
• Employee said a refrigerator fell on him. 
• Employee was in line at a coffee shop when a truck carrying flour backed up and dumped the flour into her convertible. 
• Employee said a deer bit him during hunting season. 
• Employee ate too much at a party.
• Employee fell out of bed and broke his nose. 
• Employee got a cold from a puppy. 
• Employee’s child stuck a mint up his nose and had to go to the ER to remove it. 
• Employee’s brother-in-law was kidnapped by a drug cartel while in Mexico. 
• Employee drank anti-freeze by mistake and had to go to the hospital. 
• Employee had a headache after going to too many garage sales.

Outsourcing Human Resources: What You Need To Know

Here is a great article that discusses all the things you should know when you choose to outsource your Human Resources:

http://ethicalaffluence.com/outsourcing-human-resources-heres-need-know

What is a supervisor?

Do you know what constitutes a supervisor? According to the 2nd, 4th and 9th U.S. circuit courts of appeal, a “supervisor” is someone whom the employer vests the authority to direct and oversee their employees' daily work.

So why would it matter what is legally considered a supervisor?

In the cases of Faragher v. City of Boca Raton, and Burlington Industries Inc. v. Ellerth, the Supreme Court held that under Title VII of the Civil Rights Act, an employer is liable for severe or pervasive workplace harassment by a supervisor of the victim. If the harasser was the victim’s co-employee, however, the employer is not liable absent proof of negligence.

Unfortunately, not all circuit courts think the same way. According to the 7th Circuit, just because a person is deemed a “supervisor” by their employer does not mean they are considered a supervisor under Title VII if they do not have the power to take formal employment actions against employees.

So if a few different courts are saying different things, which is correct? That is what the U.S. Supreme Court is trying to figure out. The case that is being discussed is Vance v. Ball State University. A black catering assistant was racially harassed by white co-workers and supervisors. The 7th Circuit affirmed summary judgment to Ball State University, saying that Vance failed to establish a basis for employer liability based on purported harassment by either a co-worker or a supervisor.

However, Vance is saying that one of the harassers was a supervisor, stating that the alleged supervisor did direct her work and did not clock in like other hourly employees. So according to the EEOC, is the person a supervisor or not? We will have to wait for the Supreme Court to see.

In the meantime, make sure your managers and supervisors all receive training and guidance with your company's anti-discrimination policy, and make sure that they pass their training on to employees. Remember, knowledge is power!

IRS Raises 401(k) and Pension Plan Limits!

The IRS announced that the 401(k) limits for contribution will be raised in 2013 due to the cost of living expenses rising. Curious to see the changes? Here is the IRS news release with information. Essentially, the changes are:

• Maximum elective deferral by employee raises from $17,000 to $17,500
• Catch up contribution (ages 50 and older for 2012) stays at $5,500
• Defined contribution maximum deferral for the combined amount of employee and employer raises from $50,000 to $51,000
• Employee annual compensation limit for calculating contributions raises from $250,000 to $255,000
• Annual compensation of key employees in a top-heavy plan stays at $165,000
• Annual compensation of highly compensated employee in a top-heavy plan stays at $115,000