Welcome to Legal Briefs for HR!  This update on issues that matter to employers is provided as a service of the SHRM Texas State Council, which I serve as Co-Director of Legislative Action.  Feel free to forward this email to anyone who would benefit . . . all are welcome to join this FREE service with over 3200 subscribers.  Just email me to be added to the group and you can find previous issues for 2006 posted on the Munck Carter, P.C. law firm website (www.munckcarter.com) under E-Newsletter.

1.      Sick Pay By the Bay – Effective February 5, 2007, a new ordinance requires employers in San Francisco County to provide paid sick leave to workers beginning three months after hire, at a rate of one hour of paid leave for every 30 hours worked, up to a capped amount of 72 hours per year.  The cap is 40 hours for employers will less than ten employees, including part-time and temporary workers.  There is a mandatory poster, explaining this new right, which must be displayed in English, Spanish, Chinese and any other language spoken by at least 5% of the workforce.  For full text see www.sfgov.org/site/uploadedfiles/election/Candidates_&_Campaigns/PaidSickLeave.pdf. Per Sen. Kennedy (D-Mass.), a federal version of this mandate will be acted upon in spring or summer of 2007.  Check out S. 1085 and H.R. 1092 (http://thomas.loc.gov) for a preview of coming attractions.

2.      Guess Who’s Coming? – The OFCCP has issued notices to about 120 federal contractors that 2000 or so establishments may be up for compliance review.  Scheduling of evaluations began in late November and the agency says no single contractor will be set up for more than 25 evaluations during the year-long cycle.  The evaluations will check for compliance with E.O. 11246 and related federal laws, such as VEVRAA and the Rehabilitation Act.  For additional info, go to www.dol.gov/esa/ofccp.

3.      Partners – Per a DOL press release, the Office of Disability Employment Policy of the DOL and SHRM have established an alliance to encourage and promote the employment of people with disabilities by providing information, guidance and access to resources.  For more info, check out www.dol.gov/odep.

5.      Too Much Sex – An IL jury awarded three saleswomen $2.3 million (including $2.05 million in punitive damages) in response to testimony about a “hyper-sexualized work environment” at a trucking company.  The EEOC alleged that the women were subject to groping, lewd sexual banter, propositioning and pornography, including an edict that they entertain customers and prospects at a strip club and participate in golf outings that featured yet more strippers.  An appeal is planned and the award is likely to be reduced due to statutory caps on Title VII awards.  EEOC v. Custom Cos. Inc. (N.D. Ill. 11-17-06).  Guess they didn’t hear that customer preference is not a defense to Title VII violations?

6.      Got a Prevent Defense? – Dallas employers were shaken to their core this week, on news of a murderous robber who rode the elevators in an office building after 5 p.m. until he identified his prey, followed her out and shot the 51 year-old woman to death just steps outside of her workplace. For now, it appears to be random and she may have been targeted for the bags she was carrying.  Businesses cannot prevent every such occurrence, but there are things you can do.  Does your building have controlled access?  Security guards?  Cameras?  (They caught the guy two days later, on a tip generated by showing the elevator and entrance video on the news) Is there good lighting?  Before you open your business, expand or move, do you check the crime stats for that area?  Virtually every metro police department now posts info on date, location and type of crime on their websites.  For Dallas, go to www.dallaspolice.net and click on “Crime Info” in the top right corner.  For Fort Worth , go to www.fortworthpd.com and click on “Crime Stats” under “Safety.”  For other cities, start with the city website and find the link to the police department website.  

8.      Tell Your Fortune? – Check out the Dec. 11 issue of Fortune magazine, for further proof of the key role that HR is playing in corporate America.  HR’s “to do” list is long and growing:  [1] protect employee info from internal and external identity theft (page 34); [2] manage health care costs (page 65); [3] go global (page 72 “P&G does more than half its business outside the U.S., so [the CEO] has recast his top executive group to be 50% non-American.”); [4] gauge GLBT (gay, lesbian, bi- and transgender) hiring and benefits (pages 94 – 110); [5] counter corporate-bashing labor union tactics (e.g., UFCW founded Wake Up Wal-Mart and SEIU founded Wal-Mart Watch); and [6] consider what to do about flat productivity (page 198).  Whew.  That’s why they pay you the big bucks!

9.      Party On (Responsibly) Dude! – Go to www.dol.gov and click on “Tips for Employers on Safe and Sober Workplace Holiday Parties” under “Highlights” for your annual reminder.

• DOL is accepting comments on the FMLA until 5 p.m. on February 2, 2007, prior to a possible rewrite of regs that have given employers heartburn.
• Dental coverage may be part of the “group health plan” that is subject to continuation during FMLA leaves, per a DOL Opinion letter (FMLA2006-6-A) issued on Nov. 15, 2006.  See the link to DOL WHD website at #4, above.
• The 10^th Cir. (i.e., WY, UT, CO, KS, OK and NM)  joins the 5^th Cir. (i.e., TX, LA and MS), in holding that FMLA eligibility depends on having 50 employees within 75 “surface miles” (not linear miles) of the worksite where a leave has been requested.  Hackworth v. Progressive Cas. Ins. Co. (10^th Cir. 11-14-06). See also Legal Briefs for HR #1-2006.
• No FMLA interference found, where an employee fired for taking FMLA leave in order to appear in small claims court.  Lyerla v. A&A Mfg. Co. Inc. (N.D. Ind. 10-16-06). 

11.    G.I. Joes and Janes – Hats off to Texas, for having the highest concentration of military-friendly employers in the nation, according to G.I. Jobs magazine.  Salutes are in order for #4 Burlington Northern Santa Fe Railway (Fort Worth); #23 Fluor Corp. (Irving); #35 7-11 Stores (Dallas); #37 Southwest Airlines (Dallas) and #49 Exxon Mobil Corp. (Irving).  For the complete list of 50 employers, go to www.gijobs.net.

Dallas, TX  75251