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Managers’ Racist Road Show Grinds to Halt

Displays of racism are alarming enough, but it’s particularly troubling when they’re acted out by persons in positions of authority. Take for example the case of a restaurant chain’s Senior Vice President and a Region Manager who routinely displayed racism to their employees.

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When they visited their franchise restaurant in Pine Bluff, Arkansas, the SVP and Region Manager were known for their off-color antics.

The SVP, who claims to have responsibility for “all aspects of administration, financial, human resources, marketing and restaurant operation for the entire organization” spewed a variety of inappropriate epithets at the predominantly African-American staff such as “hood rat”, “ghetto whore”, “black motherf***er”, and “n*gger”.

The Pine Bluff restaurant was staffed by all African-American workers, except for one.

Talk about a lack of situational awareness.

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Why do Workplaces Attack? Learn more about the Psychology of Workplace Retaliation. LEARN MORE

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An African-American restaurant server and shift leader finally had enough. She complained to her supervisors, but considering the perceived authority of the two higher-level managers, the restaurant didn’t take action. She took her complaint to the Equal Employment Opportunity Commission (EEOC), and in EEOC. v. H2H Enterprises, Inc. (5:14-cv-00362-JLH), and the company settled in a pre-litigation agreement.

The case doesn’t mention whether the SVP, who oversaw 13 other locations, behaved in a similar manner with other employees. Presumably, the company  narrowly dodged a class-action suit based on the bad behavior of these two rogue managers.

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Case Outcomes

Monetary fine: $15,000

Employer must:

  • Cease subjecting employees to a racially hostile work environment or retaliating against any employee who reports allegations of racial harassment.
  • Provide training on racial harassment.
  • Maintain records of any complaints of racial harassment.
  • Report annually to the EEOC.
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Lessons Learned from EEOC v. H2H Enterprises

  • Establish a clear process for discrimination complaints, one that allows workers to “go around” managers who may be harassers or who are non-responsive to claims of discrimination.
  • Document, investigate, and resolve every claim of discrimination.
  • If managers are known to tolerate or condone harassing or discriminatory treatment of workers, they should be retrained, reassigned, or just outright rejected.
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Arkansas Updates Child Labor Laws

Arkansas updated its Notice to Employer & Employee posting to include revisions for minors.

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Arkansas updated the child labor section of the Notice to Employer & Employee posting. State law now regulates employment of minors under 17 years old and applies time and day restrictions to children 16 years of age and younger.

Arkansas Child Labor Requirements

According to the Arkansas Department of Labor, a child must be at least 14 years old to be employed. Children who are 14 and 15 years old:

  • Require a work permit
  • May not work more than 6 days a week
  • May not work more than more than 8 hours a day or 48 hours a week
  • Cannot work before 6am or after 7pm – except that on nights preceding non-school days when they can work until 9pm.
  • Cannot perform certain types of duties.

Children who are 16 years old:

  • May not work more than 10 consecutive hours in a day or more than 10 hours in a 24 hour period.
  • May not work more than 6 days a week or 54 hours a week
  • Cannot work before 6am or after 11pm – except on nights preceding non-school days.
  • Do not need a work permit to be employed, however, there are federal laws that limit the types of work they can do.

Save on Arkansas Workplace Posters

The Notice to Employer & Employee posting is required for employers with four or more employees. It’s available as part of the GovDocs Arkansas Posting Package, which also includes other postings required for employers with locations in Arkansas. Subscribers to the GovDocs blog can use coupon code BLOG20 to save 20% on the Arkansas Posting Package.

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Arkansas 2015 Minimum Wage Increase

Arkansas increased its 2015 minimum wage rate to $7.50 per hour effective January 1, 2015. The 20 percent increase finally pushes the Arkansas’ State minimum wage rate to a level higher than the Federal minimum wage.

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The current Arkansas minimum wage was established in 2006 and applies to employers with four or more employees, with certain exceptions:

  • Executive, administrative, or professional employees
  • Outside commission-paid salesmen
  • Independent contractors
  • Employees of the United States
  • Certain students and farm laborers

Arkansas Planned Minimum Wage Increases

Arkansas minimum wage workers will see additional increases in 2016 and 2017.

  • 2014: $6.25
  • 2015: $7.50
  • 2016: $8.00
  • 2017: $8.50

Arkansas Minimum Wage for Tipped Workers

Tipped workers will not see an increase in their base minimum wage of $2.63, because Arkansas is increasing the allowance for gratuities each year. For math lovers, the equation looks something like this:

(Minimum Wage Rate) – (Gratuity Allowance) = Base Minimum Wage

Arkansas Schedule of Gratuity Allowances

  • 2014: $3.62 per hour
  • 2015: $4.87 per hour
  • 2016: $5.37 per hour
  • 2017: $5.87 per hour

Arkansas Minimum Wage Poster

The Arkansas Minimum Wage poster is required for Arkansas employers with four or more employees and must be displayed in a conspicuous location. The minimum wage posting, along with other postings required for display in Arkansas workplaces, is available as part of the GovDocs Arkansas Poster Compliance Package. Order now and save 20% with coupon code 2015MIN.

The Arkansas Poster Compliance Package includes:

  • How to Claim Unemployment Insurance
  • Workers’ Compensation Notice
  • Notice to Employer/Employee – General (MINIMUM WAGE)
  • Right to Know
  • No Smoking Poster

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Election Night 2014 Minimum Wage Results

Voters in U.S. State and Cities decided minimum wage ballots across the nation.

The November 4, 2014 mid-term elections were busy for minimum wage watchers. Four States and three Cities included minimum wage ballot measures for voters to decide on, and all but one of them passed.

State Minimum Wages on 2014 Ballot

Voters overwhelmingly approved increases in minimum wage rates in all four of the States with minimum wage increases on the ballot – and these are in States where Republicans won U.S. Senate races. (Click State Name to Read More)

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Alaska

The Alaska Minimum Wage Increase (Ballot Measure 3) was approved by 68 percent of voters. Alaska’s minimum wage will increase in stages to $9.75 in 2016. After that, the rate will be adjusted for inflation or at least $1 higher than the federal minimum wage, whichever amount is greater.

2014: $7.75

2015: $8.75

2016: $9.75

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Arkansas

The Arkansas Minimum Wage Initiative (Issue 5) was approved by 65 percent of voters. Arkansas’ minimum wage will increase in phases to $8.50 per hour in 2017.

2014: $6.25

2015: $7.50

2016: $8.00

2017: $8.50

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Nebraska

The Nebraska Minimum Wage Increase (Initiative 425) was approved by 59 percent of voters. Nebraska’s minimum wage will increase in phases to $9 by 2016.

2014: $7.25

2015: $8.00

2016: $9.00

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South Dakota

The South Dakota Increased Minimum Wage (Measure 18) was approved by 54 percent of voters. South Dakota’s minimum wage will increase to $8.50 in 2015, with cost-of-living increases thereafter.

2014: $7.25

2015: $8.50

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City Minimum Wages on 2014 Ballot

Three Cities in California try for minimum wage increases and two succeed. (Click City Name to Read More)
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Eureka, California

The Eureka Minimum Wage Ordinance Initiative (Measure R) failed with only 38 percent of the voters supporting the measure. Measure R would have increased the minimum wage to $12 per hour, with the exception of small businesses employing 25 or fewer workers.
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Oakland, California

The Oakland Minimum Wage Increase Initiative ballot question was approved by 81 percent. It establishes a citywide minimum wage rate of $12.25 with annual increases for inflation. Additionally, the municipal code will require employers to offer at least five days of sick leave to all employees, with larger businesses required to provide nine days of sick leave.
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San Francisco, California

A City of San Francisco Minimum Wage Increase Referred Measure (Proposition J) was approved by 76 percent of voters. The San Francisco minimum wage will increase to $15 per hour in 2018.

2014: $10.74

2015

  • $11.05 (Jan. 1, 2015)
  • $12.25 (May 1, 2015)

2016: $13.00 (July 2016)

2017: $14.00 (July 2017)

2018: $15.00 (July 2018)
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For the latest labor law posters for your workplace, save 20% now by using coupon code 2015MIN at the GovDocs Labor Law Poster Store.

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