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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.

Discipline and Termination: Near-Surefire Lawsuits

In yesterday’s CED, we covered “almost smoking gun” mistakes; today, more mistakes your managers make, plus an introduction to a helpful resource that will automate an important recordkeeping duty and take it off your plate once and for all.

Lessons from the U.S. government shutdown

By Julia Kennedy It should be a relief to many employers (and employees) that their company has just one board of directors, with no second house to blockade budgets, freeze operating funds, or send large portions of the workforce home. Since an estimated 800,000 U.S. government employees were “furloughed” or required to work without pay […]

Groups Plead to Preserve Plans’ ERISA Discretionary Authority

Four groups — the ERISA Industry Committee, the American Benefits Council, the U.S. Chamber of Commerce and the Business Roundtable — filed an amicus brief July 26 to urge 2nd Circuit judges to support the principle of deference to plan administrators’ decisions over benefit plans. When plans reserve discretionary authority in plan documents, courts must […]

There’s No Two Ways About It: Two-Way Video Training Is Here!

“Video training has been around in some way for a very, very long time,” says David Stubenvoll, CEO and cofounder of Wowza Media Systems (www.wowza.com), a provider of media server and media workflow software. However, two-way video—a relatively new technology—is becoming increasingly popular in corporate training settings, he says. “With the Internet and with high-speed […]

Is $95K PowerPoint Preparer Exempt from Overtime?

“Artistic” exemption? Is an employee who earns $95,000 preparing PowerPoint® presentations for very high-level financial presentations exempt from overtime under the Fair Labor Standards Act (FLSA) “artistic exemption”? “Probably not,” in the opinion of Attorney Myron Moye, speaking at the BLR® National Employment Law Update running this Monday through Wednesday (October 19-21) in Las Vegas. […]

Got a Task That, Well, You Know…? Automate It!

By Holly K. Jones, JD, Senior Legal Editor When the Roomba first hit the market it was one of those mythical things, to me—like hoverboards and self-driving cars and same-day Amazon delivery—about which I could only dream. But as the prices became more reasonable and the devices more sophisticated, I decided that, as a person […]

Tips for protecting your most valuable assets

by Scott A. Holt Significant time, money, and resources often go into developing client relationships, so it is only natural that businesses take steps to protect those intangible assets. Many employers require employees who have significant contact with clients to sign nonsolicitation agreements. However, executing and enforcing nonsolicitation agreements are two different matters. Like traditional […]