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Senate Confirms Sotomayor to U.S. Supreme Court

The U.S. Senate confirmed Judge Sonia Sotomayor to the U.S. Supreme Court today in a 68-31 vote. As expected, the Senators voted along party lines, with all Senate Democrats and only nine Republicans voting to confirm President Barack Obama’s nominee. The final step in Sotomayor’s road to the Supreme Court will be a White House […]

Only compromise will pull us from cliff’s edge

by Dan Oswald Have you ever been in a meeting where two executives face off, each on the opposite side of a critical issue? You watch the debate like you would a tennis match, with each participant knocking the issue back to the other side. As they volley back and forth, the debate picks up […]

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]

Another Bad Hire? Train Your Managers to Avoid Common—and Disastrous—Hiring Mistakes

Yesterday’s Advisor  featured six of Susan M. Heathfield’s top eight “rookie” mistakes that even seasoned hiring managers make. Today we’ll cover the final two mistakes plus introduce a unique new training system that helps all your managers avoid expensive miscues. If you have not identified your critical needs, and how to screen for them, you’ll […]

State Legislation 101: A Guide for Employers

Every U.S. state has a legislative body. From this point, the similarities end. The state retains the discretion to determine the specific details of how its government, including the legislative branch, will operate, and these specifics are typically set forth in that state’s constitution. Thus, just as the political issues affecting one state may be […]

EEOC on the Lookout: Ensure Your Attendance Policies Are Legal

By Kelley E. Kaufman, Esq. These days, the Equal Employment Opportunity Commission (EEOC) is on the lookout for both inflexible leave of absence policies and no-fault attendance policies. While few employers welcome news of a targeted enforcement initiative, the best defense is a good offense. According to the EEOC, the Americans With Disabilities Act requires […]

Defense of wage discrimination claims for the present and beyond

by Jason R. Mau Over the last three years, members of Congress have attempted to amend the Equal Pay Act (EPA) to improve and ensure its protection of individuals subject to pay discrimination on the basis of gender. Originally approved in January 2009 by the House of Representatives, the Paycheck Fairness Act (PFA) failed to […]

"I Thought PTO Was Supposed to Be Easy!"

PTO (Paid Time Off) has been plugged as the new, better way to manage time off. Is it? Maybe, but there are pitfalls. Two experts explain how to implement a program that appeals to employees, encourages productivity, and doesn’t violate the law. Vacation time, sick time, personal time—who’s got the time … to keep track […]

Employee Exemptions: Appeals Court Limits the Administrative Exemption

The federal Fair Labor Standards Act (FLSA) and California law exempt certain administrative employees from overtime; the requirements for the administrative exemption under California law are stricter than the FLSA. To qualify for this exemption in California, an employee must: 1) earn a salary equal to at least twice the state minimum wage; 2) perform […]