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EEOC to update guidance on English-only policies?

by Amanda Shelby Chief among the Equal Employment Opportunity Commission’s (EEOC) current priorities are (1) eliminating barriers in recruitment and hiring and (2) protecting immigrant, migrant, and other vulnerable workers. It therefore should come as no surprise that the EEOC might be setting its sights on revising its guidance relating to English-only policies since those […]

Changes to ADA Regulations Are Coming

This content was originally published in October 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. In June, The U.S. Equal Employment Opportunity Commission (EEOC) voted 2 to 1 in favor of new proposed regulations under the Americans with Disabilities Act (ADA). The proposed revisions […]

Ever Been Arrested or Convicted? … Is It Discriminatory to Ask?

EEOC has released guidance on the use of arrest and conviction records in screening job candidates. Many employers do subject job candidates to criminal background checks to combat theft and fraud, and to avoid workplace violence. But the EEOC sees the possibility of discrimination. That’s because arrest and incarceration rates are particularly high for African […]

Discipline and Termination—Near Guarantees of a Lawsuit

In yesterday’s Advisor, we covered “almost smoking gun” mistakes; today, more mistakes your managers make, plus an introduction to a unique, checklist-based audit system. Today’s mistakes are again courtesy of the Rhode Island Employment Law Letter written by attorneys at the law firm of Little, Medeiros, Kinder, Bulman & Whitney, P.C. As with evaluations, discipline […]

News Notes: Delay Tactics Cost Employer A Lot More Than Settlement Would Have

Journeyman painter Thelma Walker filed a sexual harassment and defamation lawsuit against the San Francisco housing authority and her former job site foreman. Over the next six months, the housing authority was smacked with court fines for repeatedly not responding to Walker’s discovery requests. Walker and the housing authority then tentatively agreed to a settlement […]

Employer Goes Ballistic When Off-Duty Offense Goes Viral

By: Elaine Quayle It’s bad enough when an employee behaves badly on a business trip—but it’s even worse when the incident is videoed and goes viral internationally! Media reports say that Oleg Vedernikov, principal cellist with the Beijing Symphony Orchestra, was traveling with the orchestra by train when he propped up his bare feet on […]

Tech Companies Ahead of the Curve on Paid Leave

By Susan Schoenfeld, JD In technology, innovation is the key to economic survival. So it is not surprising that, recently, two tech industry giants announced innovation in paid leave benefits for their employees as a means of attracting and retaining top talent.

Terminating And Disciplining Employees: Employer To Pay Four Years’ Back Wages For Firing One-Man Striker; Important Tips For Avoiding Labor Law Problems

If an employee makes unjustified complaints about wages and hours, you may be tempted to brand the person as a troublemaker. You might even take disciplinary action if the griping continues. But a new National Labor Relations Board (NLRB) ruling cautions that even a one-employee protest can be a protected activity under federal labor law-landing […]

Pension Plans: Supreme Court Restores Employer Discretion Over Surplus Assets

Because of the huge stock market gains in recent years, many defined benefit pension plans contain more assets than are needed to pay out benefits. Since 1997, however, a ruling from the federal appeals court that covers California has sharply limited employers’ discretion in how to use that “extra” money. But in a recent unanimous […]

New Oklahoma law confirms enforceability of nonsolicitation agreements

Although noncompetition agreements remain unenforceable under state law, a new law confirms that Oklahoma employers may enforce agreements prohibiting former employees from soliciting a company’s employees to leave their jobs to work for another employer. For some time, Oklahoma employers have been able to contractually prohibit former employees from soliciting workers for a reasonable period […]