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Severance

EEOC challenges traditional severance agreements in untraditional way

by Burton J. Fishman The Equal Employment Opportunity Commission (EEOC) has taken a bold step to challenge standard and accepted provisions in severance agreements in a recent suit, Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., CA no. 14-cv-863 (N.D. Ill., 2014). There are two particularly important elements in this suit.  The first is that […]

Reminder: Sexual Harassment Training is Mandatory in California

California is one of only three states in the country that require mandatory sexual harassment prevention training for supervisors. Of those three—Connecticut and Maine are the other two—the rules for California employers are the most detailed. Failure to adequately train supervisors can become evidence in a lawsuit that an employer hasn’t taken “all reasonable and […]

3 Skill Sets Crucial to Business Success

Three Skill Sets Crucial to Business Success

I once read that you need three people to run a successful business — a creative leader, a businessperson, and an asshole. (Sorry, but that’s what it said!) As I recall, the argument went that you need a creative type who has that intuitive ability to judge what the market wanted whether it was in […]

The Smarter Way to Write HR Policies

For issues such as discrimination … and virtually anything else that’s compliance-related … leave the HR policy writing to the experts. If you read yesterday’s Advisor article on “unconscious discrimination,” it may have raised the same question in your mind as it did in ours. Assuming that recent social research is correct—that managers of good […]

News Notes: Microsoft Loses Independent Contractor Class Action Lawsuit

Reaffirming its decision from last fall, the federal Ninth Circuit Court of Appeal covering California has ruled that employees who were misclassified as independent contractors by Microsoft are eligible to participate retroactively in the company’s lucrative stock purchase program and possibly its pension plan as well. Part of Microsoft’s problem was that its forms and […]

New York law on unemployment taxes takes effect January 1

by Colin Leonard and James Rooney A new law going into effect on January 1, 2014, will increase New York employers’ contributions to the state’s unemployment compensation program. Earlier this year, legislation was enacted in response to the insolvency of the Unemployment Insurance Trust Fund and the state’s need to repay $3.5 billion borrowed from […]

HOT LIST: BusinessWeek’s Bestseller List

BusinessWeek ranks business books that are the most recent bestsellers and provides a short summary. 1. StrengthsFinder 2.0: A New and Upgraded Edition of the Online Test from Gallup’s Now, Discover Your Strengths by Tom Rath. Are you unsure where your true talents lie? Do you feel that you are both a person who gets […]

OSHA urges employers to think crowd control for Black Friday

As shoppers plan their Black Friday bargain hunting, the Occupational Safety and Health Administration (OSHA) is urging retail employers to plan their crowd-control measures to keep workers safe. In 2008, a worker was trampled to death while a crowd of shoppers rushed the doors of a Wal-Mart store in New York. OSHA recommends that retailers […]

The Truth About Hiring the Best

Employment law attorney Michael Maslanka reviews the book The Truth about Hiring the Best by Cathy Fyock. The review highlights a few of the book’s truths about hiring, interviewing, and dealing with employee relations. Looking to pick up the latest thinking on hiring? Pick up The Truth About Hiring the Best (Truth About), a quick […]