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Wells Fargo Settles Check-Cashing Fee Suit

Wells Fargo & Co. bank has settled a lawsuit that challenged the $5 fee charged by the bank for non-accountholders who cashed payroll checks drawn on a Wells Fargo account. The lawsuit, filed on behalf of California employers, claimed that the fee put businesses in jeopardy of violating a California Labor Code provision requiring employers […]

Tech Talent Gap Remains a Serious Concern in 2019

One of the biggest news items of 2018, the hot job market, has proved to be a blessing and a curse. While the talent shortage has impacted most industries, hiring managers looking for qualified cybersecurity personnel might need to considerable patience. Postings for cybersecurity jobs tend to linger for months, and recent studies show that […]

Employer’s Negligence Results in $1.85 Million COBRA Notice Penalty

A large employer was socked with $1.85 million in COBRA notice penalties, plus still-to-be determined attorney’s fees, for neglecting its duty as plan administrator to ensure that COBRA election notices were sent on a timely basis. The company’s negligence occurred over several years, affecting hundreds of former employees who participated in a class action lawsuit. […]

How to Implement a Hierarchical Pay Raise Strategy

In two previous posts, we’ve been discussing the need for, and the merits of, implementing a hierarchical pay raise structure as opposed to a more or less flat structure whereby all employees generally receive about the same pay increase.

Religious Accommodation: Court Upholds Discharge Of Employee Who Posted Bible Verses In Response To Diversity Campaign

Many employers try to combat workplace bias with diversity programs that emphasize the company’s commitment to respecting differences, such as sexual orientation. But suppose an employee with strong religious beliefs posts messages offensive to a protected group. What are your obligations—to the employee and co-workers—in this situation? A new case addresses this problem.

Acting in Good Faith: How to Deal with Religion in the Workplace

The Constitution protects the freedom to practice religion. Employers must honor this right while balancing the needs of the business. Here are some guidelines for doing both. In virtually every religion, there are significant days on the calendar that dictate religious observance. For example, next Monday, October 2, is Yom Kippur, the Day of Atonement, […]

Despite Title, New DOJ Anti-DEI Guidance Not Just For Federal Funds Recipients

It’s no secret that 2025 has seen a dramatic shift in the federal government’s view of the value and legal validity of diversity, equity, and inclusion (DEI) programs and initiatives. The latest guidance from the Department of Justice (DOJ) is directed at recipients of federal funding, but all businesses can use it to learn about […]

Micro-units: fermenting new labor problems

by Martin J. Saunders The cornerstone of the National Labor Relations Act (NLRA) is employees’ right to self-organize in a unit appropriate for the purposes of collective bargaining. The NLRA confers on the National Labor Relations Board (NLRB) wide discretion to determine in each case whether the unit appropriate for purposes of collective bargaining is […]

Reductions in Force: How to Do It the Right Way Without Getting Sued

Sales are down. Expenses are up. You’ve tried everything and it looks as if your only alternative is to eliminate jobs. These not uncommon circumstances can turn into a high-stakes gamble, particularly because the graying of the American workforce puts you at risk for expensive age bias claims. So when you’re facing a restructuring, it’s […]