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Servicemember

Active duty military employees are on leave, not inactive

by Jane Pfeifle An employer’s failure to include a deployed servicemember on a list of employees when it sold its assets may be a violation of the benefit provisions of the Uniformed Services Employment and Reemployment Rights Act (USERRA). Facts Jonathan Dorris, a floor hand for TXD Services and a member of the Arkansas National […]

Effort to push California minimum wage to $15 reported

Most California employers will see the state’s minimum wage reach $15 an hour by 2022 if reports of a deal in the state legislature materialize as expected. Reports in the Los Angeles Times and The Sacramento Bee on March 27 tell of a tentative deal between state lawmakers and union leaders that would phase in […]

What do you do now? The boss is the problem!

by Jo Ellen Whitney Being a business owner, supervisor, or boss doesn’t make you immune to bad behavior. Business owners, CEOs, and upper-level managers have been known to be bullies, behave badly, harass employees, and have affairs. There are certainly plenty of recent examples in the media. You can rarely open a popular magazine without […]

Religion in the Workplace: Court Strikes Down Ban on Religious Advocacy; What You Can Do

The federal appeals court that covers California recently ruled that a public employer violated employees’ free speech rights when it banned religious discussion and materials in the workplace. The decision highlights the need for public and private employers alike to exercise care in adopting policies that restrict employees’ religious activities at work. Join us this […]

Definition of ‘Employer’ Narrowed in Human Rights Context

By Kyla Stott-Jess Your employee is required to pass a drug test before being assigned to another company’s worksite. The employee fails the other company’s drug test and is denied the work. The employee can clearly file a human rights complaint against you as his or her employer. But can he or she go after […]

Meet the New Boss

Litigation Value: Approximately $5,000 – 10,000; Oscar’s Dunder Mifflin vacation time … and the replacement cost of Stanley’s busted windshield. Employment law issues often get overlooked in a merger while the parties focus on stock price, transition planning, public relations, and other big-ticket concerns. When Gabe announced to the Scranton employees that Sabre offered two weeks of vacation, […]

New Hampshire: Governor Lynch Last Democrat Standing

by Jay Surdukowski, Sulloway & Hollis, P.L.L.C. In New Hampshire, Republicans claimed a 19-5 edge in the state senate, a huge house majority, and likely unanimous control of the Governor’s Council, though incumbent Democratic Governor John Lynch managed to keep his post. The Republican sweep is not a surprise, but the magnitude is. This third […]

Union Contracts: The 5 Words You Should Never Say When Acquiring A Company

On their last day of work, the unionized employees of bankrupt Aero Stretch Inc., a Gardena aerospace manufacturer, were told they could apply for positions the next day with the new company taking over, Advance Stretchforming International Inc. (ASI). The employees were also informed that there would be no union at ASI. Now the federal […]