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You say gorilla, I say guerilla

by Mark I. Schickman Political correctness is a moving target in America today—President Donald Trump got elected in part because of his battle against it. But it remains alive and well in broadcast journalism, as ESPN tennis commentator Doug Adler learned earlier this year.    Adler was an All-American tennis player during his college days at […]

HR skills inadequate? Research details challenges for 21st century employers

Few would deny that the human resources department has its hands full. With change bombarding the workplace at an ever-increasing pace, HR professionals feel the heat. Now, a new study examining 21st century workplace trends concludes that HR is at risk of getting burned.   The Deloitte Global Human Capital Trends 2014 report sounds a dire […]

Rare Exception to FAA Kills Arbitration Clause

The Federal Arbitration Act (FAA) enforces certain arbitration agreements involving federal law, including some employment disputes and claims against employers under the Employee Retirement Income Security Act of 1974 (ERISA). But is an arbitration agreement that prohibits an individual from seeking relief provided by federal statute still enforceable? The U.S. 7th Circuit Court of Appeals […]

Competency-Based Training

As the name implies, competency-based training is a type of training that is focused on specific competencies or skills. Today, we take a look at this type of training and its benefits.

Exempt vs. Non-Exempt: California Deduction Rules

Under both federal and California law, exempt employees generally must be paid their full pre-determined weekly salary for every week that they perform any work. As a result, employers may make only limited deductions from the pay of exempt employees. Our lists of permitted and prohibited deductions will help you determine when you can deduct […]

How Loyal Are Your Employees? Here’s a Test

By Jennifer Carsen, JD, Senior Legal Editor If you’re looking for an engaging and inspirational nonfiction read, I can heartily recommend We Are Market Basket, by journalists Daniel Korschun and Grant Welker. I’ve written about the gripping (yes, really!) supermarket saga before, but if you’re not familiar with the details, here’s a quick recap:

EEOC Sues Popeye’s for Failing to Hire Applicant with HIV

A Popeye’s chicken franchise refused to hire a job applicant because he was HIV-positive, the U.S. Equal Employment Opportunity Commission has alleged in a lawsuit. Famous Chicken of Shreveport, LLC, a company that owns several Popeye’s Chicken restaurants, violated the Americans with Disabilities Act, the EEOC’s suit alleges. The general manager of a Longview, Texas, […]

Pressure To Resign Following Postpartum Depression? Bad Idea

A spa director sued for pregnancy discrimination after she allegedly was pressured to resign following her leave for postpartum depression. The employer asked the court to compel arbitration in accordance with an arbitration provision in the employment application. Was the arbitration agreement enforceable?

FLSA Compliance: Dispelling the Great Myths

The Fair Labor Standards Act (FLSA) is a tricky statute that creates a landmine for unwary employers, says attorney Ted Boehm, and it’s made worse by a number of misconceptions and myths commonly believed by employers. For example, says Boehm, there’s the misconception that employers may provide “comp time” in lieu of overtime compensation. For […]