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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.

Are rules for same-sex marriage about to change in Texas?

by Jacob M. Monty The Texas Supreme Court recently announced that it will review a case arguing that Texas employers shouldn’t be required to spend taxpayer funds to provide benefits to employee spouses in same-sex marriages, even if they do offer benefits to employee spouses in opposite-sex marriages. Depending on the outcome of the case, […]

BYOD—Should HR Be the Device Police?

Bring Your Own Device to work? Smartphones, tablets, and minicomputers abound in today’s workplaces, but they bring with them a host of real-world concerns for employers, says attorney Taylor S. Chapman. A majority of businesses now allow employees to bring their own electronic devices to use at work, notes Chapman. With the rapid evolution of […]

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 […]

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, […]

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 […]

News Flash: $3.8 Million Verdict Against Kmart After Customer Beaten By Security Guard

A state appeals court has upheld a jury’s $3.8 million award to a dentist who suffered a career-ending injury when he was beaten up by a Kmart security guard. The ruling provides a dramatic example of how you can be liable for misconduct by your employees. Problems started when George Heimer tried to return a telephone […]

Implant Charges Seen as Ripe for Health Plan Cost Control

Implants — spinal fusion; as well as hip, knee and shoulder replacements — have emerged as major price problems today. Costs are up and so is utilization, which explains the cost surge health plans are undergoing for these procedures, according to three attorneys from The Phia Group in Braintree, Mass., who spoke in a Jan. […]

High court rules on noncompete, nonsolicitation clauses in business sale

By Isabelle East-Richard A recent Supreme Court of Canada decision arising out of Québec will have broad ramifications across Canada. In Payette v. Guay Inc. (2013 SCC 45 (September 12, 2013)), the Supreme Court of Canada settled the debate over whether the employment contract provisions of the Civil Code of Québec also apply to noncompete […]