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Arbitration: then (in a Michael Crichton novel) and now

The late Michael Crichton had an interesting contrarian streak for a popular fiction novelist. In one of his last novels, State of Fear, he stuck his thumb in the eye of the global warming/climate change “consensus” (it remains the only novel I remember reading that had footnotes).  Readers saw his contrarian streak a decade earlier, […]

Wal-Mart Settles for $ 86 Million? Your Settlement Probably Won’t Be so High

Wal-Mart has settled a lawsuit over unpaid wages to over 200,000 workers that could cost them up to $86 million. Over the past few years, the giant retailer has paid as much as $640 million to settle 63 federal and state class-action lawsuits alleging unpaid wages. And what about your organization? Your settlement costs probably […]

No Kidding: Chuck E. Cheese Fined for Child Labor Breach

The San Jose Mercury ran an interesting piece recently about a wage and hour audit at the family pizza chain, Chuck E. Cheese. You might recall from ads that the company boasts that at Chuck E. Cheese, a “kid can be a kid.” What the Merc tells us is, the Chuckster not only likes to […]

Why AI Is the First Real Disruption in Hiring 

Every leap in hiring technology has promised transformation. Most have delivered only incremental progress. Despite decades of digital upgrades – from newspaper classifieds to online job boards, faxed résumés to LinkedIn profiles – the basic logic of recruiting hasn’t changed. Companies still grow their teams the same way they always have: one job post, one recruiter, one […]

Breastfeeding Employee Entitled to Equal, Not Preferential, Treatment

The U.S. Fifth Circuit Court of Appeals in New Orleans recently addressed a case in which the employee alleged violations of Title VII of the Civil Rights Act of 1964 and the Pregnancy Discrimination Act (PDA). The dispute arose when the employee claimed she was given insufficient break time to express breast milk following the […]

The 5 Killer Job Description Mistakes – and How to Avoid Them

Let’s hear it for job descriptions! OK, we agree, no one’s cheering about doing them, but we did explain in yesterday’s Advisor how important they are. Fortunately, there’s a handy program that makes quick work of job description tasks. We’re talking about BLR’s unique Job Descriptions Encyclopedia. Around here, we call it the “JDE.” Here’s […]

Delaware same-sex marriage changes take effect July 1

The amendment to the Delaware Domestic Relations Act legalizing same-sex marriage goes into effect July 1. Under the law, the same rights, benefits, protections, and legal responsibilities apply to married same-sex couples and married opposite-sex couples. In 2012, Delaware’s Civil Union Equality Act (CUEA) established that civil unions are to be treated as marriages under […]

A Flush and a Fluke

Litigation Value:  Dwight manhandling Gabe = a pricey negligent retention/supervision lawsuit; Andy trying to convince Oscar to cook the sales books = $700 for an expedited severance agreement and release in full for Andy; Kevin and the Einsteins claiming all the glory at trivia = one priceless fluke. What happens when an office is $800 short of […]

Deferred Compensation Plans: Take Time Now to Ensure Compliance with Section 409A

Internal Revenue Code Section 409A regulates deferred compensation plans and other arrangements, including severance plans, annual bonus payments, long-term incentive arrangements, stay bonuses, and settlement agreements upon termination. Section 409A rules govern compensation that was deferred or became vested after Jan. 1, 2005. Because employers have faced many difficulties trying to comply with these rules, […]