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News Notes: Controversy Over Arbitration Rages On

Finding the right language to ensure that arbitration agreements will stand up to legal scrutiny can be tricky. And a new decision by the California Court of Appeal adds to the confusion. When executive William Stirlen sued Northern California-based Supercuts for wrongful discharge, Supercuts tried to enforce an arbitration clause in Stirlen’s employment agreement. But […]

Social media in the workplace: Does California prohibit online background searches?

Legislation surrounding the use of social media in the workplace is a growing concern for California employers. “There are probably more questions than answers at this point. We predict that the rise in litigation – particularly in California – around these social media rules and regulations is really going to take off in the next […]

Court Denies Attorney’s Fees for Frivolous Suit Against Manager

When an employee files a lawsuit that turns out to be frivolous, the employer can usually recover its own attorney’s fees expended in defending itself in the case. But now, in a blow for employers, a California appeals court has ruled that Exxon Corp. could not recover attorney’s fees it was required to expend to […]

House Health Reform Bill’s Impact on Employers

Update Dec. 16: COBRA Subsidy Extension Provisions Likely to Be Enacted As Part of DOD Appropriations Act By Ashley Gillihan and John Hickman Last week Nancy Pelosi (D-California), the Speaker of the U.S. House of Representatives, released a 1,990-page health care reform bill called the Affordable Health Care for America Act. The bill is a […]

Off the Clock, but on the Payroll–and Other Overtime Challenges

In yesterday’s Advisor, we discussed the “overtime revolution” and hit some common overtime violations. Today, more violations and the announcement of an audio conference that will help insulate you from overtime lawsuits. As we said yesterday, overtime violations, easy as they should be to avoid, just keep coming and coming. And many involve high-dollar settlements. […]

More than 300 counties now “majority-minority”

According to the U.S. Census Bureau, nearly one in every 10 of the nation’s 3,141 counties has a population that is more than 50 percent minority. The two largest counties passing the threshold are Denver County, Colorado, and East Baton Rouge Parish, Louisiana, with total populations of 566,974 and 429,073, respectively. Three other counties were […]

The Positives of Job Descriptions … And How to Get Them Without the Work (Part 2 of 2)

Done right, a solid job descriptions program can bring your company structure and efficiency. Here’s how to get the benefits, while avoiding most of the costs. A recent Advisor article stated the views of an author who believes that job descriptions should be eliminated in preference to having a program that’s poorly done. A haphazardly-built […]

Obama Inauguration Gives Hope to Diversity Exec

When Patrice Hall sat in Denver’s Mile High Stadium listening to Barack Obama’s acceptance speech at the Democratic National Convention (DNC) last August, she had never felt so inspired and hopeful. After almost two decades in line management, Hall has spent the last 13 years as a diversity executive, most recently as head of the […]

Memorandum Extends Benefits to Same-Sex Partners of Executive Branch Employees

On Wednesday, President Barack Obama signed a federal memorandum requiring executive agencies to extend to same-sex partners the employment benefits equivalent to those granted to opposite-sex partners. The memorandum expands benefits previously provided to same-sex partners in an executive memorandum signed last October and is the latest in a handful of government moves to preserve […]