The United States (US) Equal Employment Opportunity Commission (EEOC) has announced that a Wendy's restaurant franchisee in Killeen, Texas, has agreed to pay US$41,500 to settle a disability discrimination case brought against it by the EEOC. According to the EEOC, the restaurant's general manager refused to hire a hearing-impaired applicant for a cooker position, despite the applicant's qualifications and experience.

In addition to the monetary settlement, the restaurant has agreed to provide training for all managers and supervisors on the Americans with Disabilities Act.

EEOC's media release (10 October 2012)
(Source: EEOC)

Chocolate manufacturer The Hershey Company has announced its commitment to source 100% certified cocoa by 2020 to further its programs aimed at eliminating child labour in the cocoa regions of West Africa. The company stated that the cocoa will be "verified through independent auditors to assure that it is grown in line with the highest internationally recognized standards for labor, environmental and better farming practices".

The Hershey Company's media release (3 October 2012)
(Source: The Hershey Company)

The British Broadcasting Corporation (BBC) is facing criticism from a public accounts committee for allowing its presenters to be paid "through outside companies". BBC is reportedly facing pressure to review the arrangements "by which 148 of its often highly-paid presenters are paid ... to ensure each pays their fair share of income tax". According to The Guardian, payroll staff pay up to 50% tax on their salaries and must contribute national insurance, while staff paid via personal service companies set up for the recipient's benefit pay tax at 21% and are exempt from national insurance. A number of BBC presenters are reportedly paid via companies, "to reflect the fact they earn considerable sums elsewhere". Committee chairperson Margaret Hodge reportedly stated that the BBC "must avoid the practice of using off-payroll arrangements for those who should be on the payroll", a practice which may be seen as tax avoidance. Ms Hodge reportedly commented that the BBC will be required to give assurances that "the staff involved are paying the correct amount of tax on their income".

The Guardian: BBC told by MPs to make presenters pay fair share of tax (5 October 2012)
(Source: The Guardian) 

More than 200 quality control employees at Apple supplier Foxconn's factory, located in Zhengzhou, China, have protested for the second time in less than two weeks over their work conditions. According to the Financial Times, the dispute follows a riot at Foxconn's Taiyuan plant in September 2012, which involved more than 2,000 factory workers. Foxconn reportedly denied reports that up to 4,000 of its workers in Zhengzhou went on strike on 5 October 2012, calling them "isolated incidents" that were "were immediately addressed and measures taken, including providing additional staff for the lines in question, to address the issues raised by both production workers".

Financial Times: Foxconn suffers unrest at iPhone factory (7 October 2012 - subscriber access only)

(Source: Financial Times)

The United States (US) Department of Justice (DoJ) has announced that ReadyOne Industries (formerly known as the National Centre for Employment of the Disabled (NCED)) has agreed to pay US$5 million to settle allegations that it breached the False Claims Act. The NCED was a participant in the AbilityOne Program, which "uses the purchasing power of the federal government to buy approved products and services from participating, community-based nonprofit agencies nationwide". The program required the NCED to ensure that 75% of all annual direct labour hours on certain government contracts were performed by employees who are blind or severely disabled. Between 2000 and 2006, the NCED allegedly employed a large number of non-disabled employees to work on contracts and failed to appropriately account for their hours.

DoJ's media release (1 October 2012)
(Source: DoJ)

The United State (US) Equal Employment Opportunity Commission (EEOC) has announced that Craig Hampton Inn, owned and operated by Century Shree Corporation, has agreed to pay US$85,000 to settle a race and national origin discrimination lawsuit brought against it by the EEOC. According to the EEOC, the company dismissed a class of employees in August 2009 because they were Caucasian and non-Hispanic. The settlement agreement contains a permanent injunction against the employer that prohibits it from engaging in similar discriminatory conduct in the future.

The United State (US) Equal Employment Opportunity Commission (EEOC) has announced that New Hanover Regional Medical Centre has agreed to pay US$146,000 to settle disability discrimination charges brought against it by the EEOC. According to the EEOC, the Centre breached the Americans with Disabilities Act (ADA) by refusing to hire or placing on leave a number of employees because they were taking legally prescribed narcotic medications.

In the past few years, as the use of social media has become more and more mainstream, companies have been waiting and watching for case law, guidance or some direction on what they can and should do with employees’ use of social media. Struggling to find a balance that protects employee rights and the best interests of the company has made the development of social media policies challenging—to say the least. We are finally getting what we are waiting for… more guidance… and now, we just have to figure out where we go from here.

We all hear about it all the time, workers injured while on the job and companies involved in environmental incidents.  So why does this continue to happen? To understand this, we have to understand how an organization assesses risk and how they plan to manage it.

Poorly managed risks, in addition to personal injury or loss, can adversely impact an organization's reputation, financial performance and in extreme cases business continuity.

The United States (US) Department of Labour (DoL) has announced that Hao Hao Restaurant and its owner Kevin Quach have agreed to pay US$70,00 in back wages to ten current and former employees for alleged violations of the minimum wage, overtime and child labour provisions of the Fair Labor Standards Act (FLSA). A DoL investigation revealed that employees who worked up to 65 hours per week were paid fixed salaries that failed to meet the federal minimum wage and did not include overtime pay for hours worked over 40 per week. It was further alleged that the business employed a 16-year-old to operate, disassemble and clean a power-driven meat slicer in violation of an FLSA child labour prohibition.

DoL's media release (24 September 2012)
(Source: DoL)