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Contracts: How Did We End Up Creating an Oral Contract?

I thought we had an “at-will” relationship with our employees, but recently, we got sued and the court found that the employee had an “implied contract” with us. Now we want to be sure that we’re not creating contracts we don’t want and that we do have contracts we need. How should we move forward? […]

Pregnancy—Was Termination Legit, or Was It Discrimination?

By Beth Kahn and Timothy J. Toohey A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating her.

Arbitration: Mandatory Arbitration OK for Wrongful Termination Claims–but Only if Agreement Is Fair; Make Sure Your Agreements Will Hold Up in Court

The California Supreme Court has decided that its landmark ruling in 2000 that required mandatory arbitration agreements to contain certain fairness protections for employees isn’t just limited to discrimination and harassment claims. We’ll explain the court’s new opinion.

EEOC revises national origin discrimination guidance for changing workforce

by Arielle B. Sepulveda The Equal Employment Opportunity Commission (EEOC) has released proposed enforcement guidance on national origin discrimination for public comment. Once finalized, the guidance will serve as a reference for agency staff when they investigate and litigate national origin discrimination claims as well as a resource for employers and employees on the law […]

How do you make people feel?

by Dan Oswald I’ve learned that people will forget what you said, people will forget what you did, but people will never forget how you made them feel. —Maya Angelou On Saturday, the University of Nebraska Cornhuskers football team held its annual Red-White Spring Game. With time for just one final play, Jack Hoffman walked […]

Oregon employers must prepare for statewide paid sick leave law

by Cal Keith Paid sick leave will be the law in Oregon as of January 1, 2016, now that Governor Kate Brown has signed legislation passed by the state legislature in mid-June. The statewide law mostly mirrors Portland’s sick leave law, which took effect January 1, 2014. It provides that covered employers must allow employees […]

Health Insurance: How To Comply With Complex Notice Requirements Under The New Health Insurance Portability Law-Part

The new Health Insurance Portability and Accountability Act of 1996 (HIPAA) is intended to make it easier for workers to retain health insurance coverage when they switch jobs, by limiting pre-existing medical condition exclusions. Recently, the federal government issued regulations spelling out your obligations under the law.

New Marijuana Laws and Your Drug Policy

Yesterday’s Advisor explored how legal marijuana use and drug interviews and policies mix. Today, more from Tim Thoelecke on that topic, plus some handy tips. By Tim Thoelecke Marijuana is mainstream, or trying to be. Indeed, many have made the assumption that marijuana is no longer the danger that we once thought it was. Oddly, […]

Equal Pay: Massive Lawsuit Highlights Need for Smart Pay Practices; An 8-Point Audit Checklist to Keep You In Compliance With Equal Pay Laws

A lawsuit charging Wal-Mart with discrimination against 1.6 million female employees has been certified as a class action by a federal district court judge in San Francisco. A key allegation in the litigation—being called the largest civil rights action in United States history—is that Wal-Mart violated state and federal equal-pay laws by paying female employees […]