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National Origin Discrimination and English-Only Rules

By Troy D. Thompson In fiscal year (FY) 2009, the Equal Employment Opportunity Commission (EEOC) received 11,134 charges involving claims of national origin discrimination ― an approximate 57 percent increase since 1999. Although the EEOC has not yet disclosed its statistics for FY 2010, all indications are that these claims continue to rise. Given that […]

The Cursed Résumé

By Kyle Emshwiller Registered nurses are going to be a hot career choice over next few years according to O*NET, an online occupation database. With a faster than average projected national job growth (20% to 28%), as well as 1,207,400 projected openings nationwide over the decade, it’s a great sign for RNs. However, while the […]

FMLA: Substance Abuse? Holidays? Multiple SHCs?

FMLA just won’t get easier. It seems that every request for FMLA has some new twist. Today, we’ll unravel a few twisted misconceptions your managers and supervisors may have. In yesterday’s Advisor, we busted some myths concerning FMLA leave. Today, some of the thorniest questions readers ask, plus an introduction to the “FMLA Bible.” Do […]

News Notes: WARN Act Violation Requires Employers To Pay only For Workdays

The Worker Adjustment and Retraining Notification Act (WARN) requires employers with 100 or more employees to give workers at least 60 days’ written notice of a pending mass layoff or plant shutdown. Instead of giving notice, you can pay workers for the 60-day period. Now, the Ninth Circuit Court of Appeal, which covers California, has […]

Dealing with Difficult People

Employment law attorney Michael Maslanka reviews the book Dealing with Difficult People, from the Results Driven Manager series published by Harvard Business School. Review covers three of book’s best tips for managers for dealing with employees. Ever see those business book paperbacks in airport concession stands? You know, the ones in the metal racks that […]

Race Harassment: Offensive Radio Promotion Costs Disney $2 Million

Walt Disney Co. will pay $2 million to settle a race discrimination lawsuit brought by a former employee of KLOS-FM, a Disney-owned radio station in Los Angeles. The suit followed a radio promotion in which “Black Hoes”—black, plastic gardening tools—were given away as gag prizes. Judy Goodwin, a former African-American employee, claimed she suffered daily […]

What to Expect When Health Plans Have to Cover the ‘Essentials’

Health reform has been strongly urging plans to cover the essential health benefits (EHB) package, and that means there will have to be coverage in 10 categories of health benefits. The Centers for Medicare and Medicaid Services (CMS) gave examples of what to expect under the state-based approach to defining EHB by giving examples and […]

Overtime Class-Action News

By Donna Gallant The much-awaited appeal decision in Fresco v. CIBC was released in September. The appeal court declined to interfere with the original decision of Justice Lax. She had denied Dara Fresco’s bid to bring a class action against CIBC for unpaid overtime. This is one of three high-profile cases we have been following, […]

Employment Law Tip: Are You Ready for the Big One?

Just two weeks ago, a temblor measuring 5.6 on the Richter scale rattled San Jose and was felt throughout the reaches of the Bay Area. Fortunately, it didn’t cause any major damage. But the quake was another wake-up call for California residents and businesses about the possibility of a much bigger, destructive quake occurring in […]

DOL’s Top Independent Contractor Trouble Spots

As seen in yesterday’s Advisor, the determination of independent contractor status can be tricky. Today: DOL’s top contractor problem spots, and a guide that picks up your FLSA problems before the feds do. The U.S. Department of Labor (DOL) points out the following particular problem areas for employers when it comes to determining whether a […]