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Sexual Harassment: Prompt Action Not Always Enough to Avoid a Lawsuit

In a new decision, the Ninth Circuit Court of Appeals, which covers California, has decided that a sexual harassment victim’s 19-day delay in reporting the misconduct to her employer wasn’t an unreasonable failure to take advantage of corrective opportunities provided by the employer. As a result, the employee can take her sexual harassment lawsuit to […]

Did the Recession Make Your Job Descriptions “Lawyer Bait”?

By BLR Founder and CEO Bob Brady During the recent recession, many employees saw their jobs change and grow. There may be fewer bodies, but the work still has to get done. In a lot of cases this, means that job descriptions are out of date and inaccurate. They may be fodder for significant lawsuits […]

Arguments in Favor of Hierarchical Pay Raises

In a previous post, we discussed the precarious situations many employers find themselves in when it comes to employee pay increases. We currently find ourselves in a tight labor market with relatively low unemployment, and employees consistently list financial compensation as one of the primary factors in accepting and staying at a job.

EEOC: trolling for plaintiffs

by Charles S. Plumb It’s no secret to employers that the Equal Employment Opportunity Commission (EEOC) has taken a more provocative and confrontational approach to investigating and litigating claims of employment discrimination. But the EEOC’s treatment of Case New Holland, Inc., takes “pushing the envelope” to a new level. To make matters worse, a federal […]

Review Résumés at Rocket Speed!

Placing one job ad can result in a torrent of resumes. Here’s how to cut through the pile quickly and have more time for qualified candidates. Every HR manager knows this situation: You put a job ad in the newspaper or on the Web. Within days, or even hours, your inboxes (electronic and plastic) are […]

Same-Sex Marriages Legally Recognized: How Do Healthcare Benefits Change?

With the DOMA ban on same-sex marriage being ruled unconstitutional, what does this mean for healthcare benefits—will a same-sex marriage be recognized in the same way as other marriages, thus allowing the same-sex partner to receive spousal healthcare benefits paid for at the pre-tax rate? This is just one of the many questions employers are […]

IT Exec’s FMLA Leave Not a ‘Fire’wall

Employers are often hesitant about taking adverse action against employees who are on Family and Medical Leave Act (FMLA) leave, even when there is good reason to do so. But employees aren’t entitled to any right, benefit, or position of employment that they wouldn’t have been entitled to if they hadn’t taken FMLA leave. A […]

Employment Law Tip: Protecting Exempt Status: The Seven Deadly Sins

While California law generally requires employers to pay overtime when employees work over eight hours in a day or 40 in a week, certain executive, administrative, and professional employees are exempt from this requirement if they meet three conditions: 1) the employee is paid on a salary basis; 2) the employee earns a certain minimum […]