Most Popular

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 […]

Amazon Editors’ Best Business Books of 2010

The editors at Amazon have picked their favorite business and investing books for 2010. Here are the top 10. 1. The Big Short: Inside the Doomsday Machine by Michael Lewis. The sequel to #1 best-selling Liar’s Poker examines the issue of who understood the risk inherent in the assumption of ever-rising real estate prices, a […]

Hiring: Best of Intentions, Worst of Lawsuits

Today, more manager’s hiring mistakes to add to the expensive 6 in yesterday’s Advisor, plus a program that’s helping HR managers all over the country be more effective … especially if they’re in small or one-person departments. Although they may have the best of intentions, untrained managers doing hiring can get their companies in legal […]

A Faulty Wellness Program Can Make Your Pocketbook Sick

Your wellness program is going well, with happier and healthier employees. But then, an employee sues the company alleging that the wellness program violates his rights. So your employees are healthier, but your company’s pocketbook is not in the best of condition, as it puts out money for legal fees. Do not let this happen […]

Why Does the NLRB Care About At-Will Policies?

Most employers have and use at-will provisions in their employment agreements, handbooks, and acknowledgements. These provisions tend to state that the at-will nature of the employment is not subject to modification. However, in the last year employers have found that these provisions may be in violation of NLRA Section 7. "The NLRB has now weighed […]

ENDA may be coming soon—what will its impact really be?

by John R. Merinar, Jr. A great deal of attention has been focused on the U.S. Senate’s recent passage of the Employment Non-Discrimination Act (ENDA), which would prohibit discrimination in the workplace based on sexual orientation and gender identity. The House of Representatives has yet to take up the bill, but there’s much speculation that […]

Agencies Add Safe Harbors to 90-day Rule for Health Plan Enrollment

Generally, waiting periods to enroll in health coverage cannot exceed 90 days, and eligibility conditions based solely on the lapse of a time period are permissible for no more than 90 days, under new final rules issued by the U.S. Departments of Labor Health and Human Services and the Treasury. In addition, the employer has […]

Some Employees Are ‘Fire-Retardant’—But that Doesn’t Mean You Can’t Fire

“I want to fire him, but I can’t.” It’s true that some employees come with “fire retardant factors”—they are in a protected class or performed a protected act—but this doesn’t mean you can’t fire them. However, you do want to slow down and be sure that you aren’t discriminating or retaliating against them for asserting […]

Look out―here comes GINA!

by Craig L. Olivo and Hilary L. Moreira The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating in any term or condition of employment based on employees’ or applicants’ “genetic information.” It also prohibits you from requesting, requiring, or purchasing genetic information (with narrow exceptions). GINA was passed by Congress out of concern that […]