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InsureCast
a division of Gaston & Associates, Inc. 
Technology Insurance
  Software fails to maintain employee hours.
A company provides timekeeping hardware and software to its customer. The software doesn´t function correctly; it fails to maintain employee hours worked and to correctly apply the hourly and overtime rate of pay. The failure results in over/underpaying employees. The customer sues the provider of the hardware and software.
Indemnity Paid: $440,000
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Are You an Equal Opportunity Employer?

What does the Equal Employment Opportunity Commission (EEOC) do?

The EEOC defines its mission as “to promote equal opportunity in employment through administrative and judicial enforcement of the federal civil rights laws and through education and technical assistance.”

The EEOC interprets federal employment discrimination laws, which prohibit employment discrimination based on race, color, sex, religion, national origin, age, or disability; and which prohibit retaliation for opposing job discrimination, filing a charge, or participating in proceedings under these laws.

How do I determine if the equal employment opportunity (EEO) laws cover a business of my size?

All employees, including part-time and temporary workers, are counted for purposes of determining the number of employees in a business, according to the Equal Employment Opportunity Commission. These laws are:

  • Title VII of the Civil Rights Act of 1964, which prohibits discrimination based on race, color, religion, sex, or national origin. Title VII applies to employers with 15 or more employees.
  • The Age Discrimination in Employment Act of 1967 (ADEA), which prohibits age discrimination against individuals who are 40 years of age or older. The ADEA applies to employers with 20 or more employees.
  • Title I of the Americans with Disabilities Act of 1990 (ADA) prohibits employment discrimination against qualified individuals with disabilities. The ADA applies to employers with 15 or more employees.
  • The Equal Pay Act of 1963 (EPA) prohibits wage discrimination between men and women in substantially equal jobs within the same establishment. The EPA applies to most employers with one or more employees.
Although the existence of an employment relationship is most easily shown by a person’s appearance on the employer’s payroll, this alone doesn’t necessarily answer the question. Determining whether an employer has enough employees to be covered by these laws is, ultimately, a legal issue. Call us to find out if your business is meeting EEO standards and if your insurance is protecting you the way it should.
 
 
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