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Work hard, play hard work harder

As discussed in our previous blog post, the Richie Incognito-Jonathan Martin scandal has dominated the sports and national headlines. Lost somewhat in the midst of an Incognito-Martin-centric sports news cycle were the recent health scares of Denver Broncos coach John Fox and Houston Texans coach Gary Kubiak during week 9 of the NFL season. Fox, […]

Sexual Orientation Discrimination and the Employment Non-Discrimination Act

by Gary Fealk There has been a push in recent years to provide homosexual, bisexual, and transsexual individuals with protection against discrimination, including discrimination in the workplace. There is even proposed federal legislation, the Employment Non-Discrimination Act (ENDA), on the horizon that may pass in the next session of Congress. Certain states have enacted discrimination […]

What Obama’s New Health Care Reform Proposal Means for Employers

This morning, President Barack Obama released a health care reform proposal that “bridges the gap between the House and Senate bills.” The President released his proposal in advance of the upcoming televised health care summit on Thursday, February 25, and White House officials have noted that the proposal will serve as the starting point for […]

Do You Have the Correct Posters Up?

Why should you worry about employment posters? Two big reasons: 1. It’s the law. Every employer must have the most up-to-date minimum wage and other posters showing. And when the enforcement authorities hit your office, they usually head straight for your posters. It’s a quick and easy way for them to size up your compliance […]

Early communication about data mishaps saves employers’ cash and reputations

As the public grows somewhat used to data breaches, simply having to acknowledge one might no longer be devastating to customer relationships, but how and when to communicate remains critical to damage control, a data security expert said in a recent webinar. In 2005 or 2006, when customers would be notified of a breach, “many would […]

NLRB Foes Marshaling Forces Against Obama’s Recess Appointments

Will President Barack Obama’s recess appointments to the National Labor Relations Board (NLRB) stand? Some in the business community and Congress hope not, and they’re taking action. Two House actions have been filed in opposition to the appointments: H.R. 3770, sponsored by Representative Jeff Landry (R-LA.), would amend federal law “to provide that payment for […]

Unemployment rate for veterans at lowest point since 2008

On March 24, 2015, the U.S. Department of Labor’s (DOL) Bureau of Labor Statistics (BLS) released unemployment numbers showing that the 2014 unemployment rate among military veterans dropped to its lowest point since 2008. Employers’ recognition of the strengths that veterans bring to the workforce is at least one factor for this drop in unemployment. […]

Protecting Yourself from Canadian Labor Arbitrators’ Expanding Powers

By Brian P. Smeenk How can you protect yourself from arbitrators’ ever-increasing damages awards, based on ever-expanding grounds? In the April 25 Northern Exposure entry “Canadian Court Trims $500K Dismissal Damages, Upholds Arbitrator’s Broad Authority,” we reported on the latest notable example of a Canadian labor arbitrator’s expansive award being upheld by the courts. That […]

McCutchen Ruling Gives Reason to Reevaluate ERISA Plan Terms

It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]

Race a Factor in Advancement in Silicon Valley

A new study finds that while the San Francisco Bay Area is home to one of the most heterogeneous populations in the United States, diversity in technology leadership roles has generally stagnated over the last decade.