Archives

Arbitration Clause Is A-OK for California Supreme Court

By: Beth A. Kahn and Hubert T. Lee Arbitration agreements are popular among California employers, but in many instances the employer has to go to court in order enforce the agreement. Recently, the California Supreme Court upheld an arbitration provision in a sales agreement, even though quite a few of the terms were arguable—but also […]

arbitration

More Misclassification in California

Several recent cases (including a highly publicized one involving ride-sharing company Uber) have highlighted just how expensive it can be to misclassify employees as independent contractors in California. However, it still happens—and we’ve got another case to share with our readers.

Workplace Fatalities Continue Downward Trend in California

Preliminary workplace fatality statistics for 2014 were recently released by California’s Department of Industrial Relations (DIR)—and they reflect a 16% decrease in workplace fatalities from the previous year. This is encouraging when compared with the preliminary data for the whole United States, which shows an increase of 2%.

California’s Economic Growth Expected to Outpace U.S.

By: Chris Kirkham Good news for California businesses—according to the Los Angeles County Economic Development Corporation’s (LAEDC) annual forecast, there will be continued job growth and economic output in the state through 2020. This is expected to outpace the rest of the nation.

Tips for protecting your most valuable assets

by Scott A. Holt Significant time, money, and resources often go into developing client relationships, so it is only natural that businesses take steps to protect those intangible assets. Many employers require employees who have significant contact with clients to sign nonsolicitation agreements. However, executing and enforcing nonsolicitation agreements are two different matters. Like traditional […]

Different Expectations Across Generations

Yesterday we discussed some of the ways that different generations view ideas like success and the ideal workplace environment. Today we’ll look at six more hotly debated areas of workforce culture. On mobile usage. High school students (66%) are more likely than current workers (52%) to say it is okay to check one’s mobile device […]

“READ … MY … FAX!” Is NOT a Good Termination Meeting!

Yesterday’s Advisor celebrated Back to the Future: Part II on the date of Emmett “Doc” Brown and Marty McFly time-traveling to October 21, 2015—and it highlighted a few scenes that were surprisingly applicable to HR. Today, we revisit the scene with the greatest human resources implications—Future Marty’s termination via fax—and examine how, unlike the DeLorean, […]

“READ … MY … FAX!” Well, You Can’t Do That in the Real 2015

In yesterday’s Advisor we reviewed a few HR-related moments from Back to the Future: Part II to mark the date of Emmett “Doc” Brown and Marty McFly time-traveling to 2015. Today we address the moment in the movie most relevant to human resources—Future Marty’s termination via fax—and how, unlike the DeLorean, that just wouldn’t fly […]

Determining Joint-Employer Liability under the FMLA

By Ryann E. Ricchio, Faegre Baker Daniels Disputes over joint employment have recently appeared before both the National Labor Relations Board (NLRB) and the federal courts. A new decision from the U.S. 7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—dealt with the issue of joint employment under the Family and Medical Leave Act […]