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Resuscitate COBRA Premium Subsidies to Help Unemployed, Commonwealth Fund Says

In the waning days of the COBRA premium subsidy, The Commonwealth Fund is calling for the program to be resuscitated as a way to help unemployed and uninsured workers until health care reform is fully implemented. In an Aug. 24 issue brief,  the Fund noted that “the worst economic downturn since the Great Depression has […]

Who’s in Control: 3rd Circuit Looks at FLSA’s Joint Employer Test

When a worker is employed by two or more separate employers, this normally presents no special problems under the Fair Labor Standards Act. But even where the employee works for an entirely separate employer, there may still be a question of whether two employers are so entangled as to create a “joint employment” relationship where […]

Arbitration Clause Is A-OK for California Supreme Court

By: Beth A. Kahn and Hubert T. Lee Arbitration agreements are popular among California employers, but in many instances the employer has to go to court in order enforce the agreement. Recently, the California Supreme Court upheld an arbitration provision in a sales agreement, even though quite a few of the terms were arguable—but also […]

Important Interview Questions You Can’t Ask, Part 2

In the last Advisor, we shared several forbidden interview questions. Today, we hit a few more and also talk about an extraordinary interviewer’s training program to help avoid these costly miscues. Untrained supervisors sitting in the interview room—who knows what they’re going to ask applicants! One thing for sure, they are nervous, and that means […]

Older Hispanics in the United States

Here are some facts about the older Hispanic population from the Urban Institute’s report “50+ Hispanic Workers: A Growing Segment of the U.S. Workforce” by Richard W. Johnson and Maurcio Soto: There were 5.6 million Latinos ages 50 to 69  living in the U.S. in 2007. Between 1980 and 2007, Latinos’ share of the national […]

EEOC Files First ADA Lawsuit Against Employee Wellness Program

The first direct federal challenge to an employee wellness program’s legality under the Americans with Disabilities Act was filed Aug. 20 by the U.S. Equal Employment Opportunity Commission. The employer’s program did not qualify as “voluntary” under the ADA because the one employee who refused to participate was forced to bear the entire cost of […]