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Terminating Employees: New Legislation Protects Higher-Paid Older Workers; How To Cut Costs Without Breaking The Law

In a controversial ruling two years ago, a California Court of Appeal ruled that you could discharge high-earning employees over age 40 and replace them with lower-paid workers if your motivation was simply to save money. Labor organizations have sought to overturn the decision ever since, and now Governor Davis has signed legislation that does […]

Trump takes aim at ACA on first day in office

Following his inauguration on January 20, President Donald Trump signed his first round of Executive Orders, including one directing federal agencies to ease enforcement of some Affordable Care Act (ACA) requirements. Trump told agencies to “waive, defer, grant exemptions from, or delay the implementation of”ACA provisions that impose fees or other burdens on a range […]

EFCA: The Saga Continues, As Does the Misinformation

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]

EEOC lawsuits may change how employers handle sexual orientation issues

by Brent E. Siler The Equal Employment Opportunity Commission (EEOC) recently filed its first lawsuits alleging that discrimination based on sexual orientation is sex discrimination under Title VII of the Civil Rights Act of 1964. While the EEOC has successfully filed sex discrimination claims on behalf of LGBT employees in the past, the recent lawsuits […]

How To Craft Airtight Arbitration Agreements

Yesterday, we looked at a recent California court case that highlighted the various factors you need to think about when you draft your arbitration agreements—as well as how you present them to employees. Today, some tips for success.

Will the Brinker Meal and Rest Breaks Decision Stand?

Most California employers know by now that a California appeals court recently issued an important decision in Brinker Restaurant Corp. v. Superior Court, interpreting the state’s meal and rest period requirements and giving employers and employees welcome flexibility in scheduling breaks. (See our complete coverage here.)

Supreme Court Holds Two-Member NLRB Lacked Quorum, Authority

This morning, the U.S. Supreme Court issued a surprising 5-4 decision holding that the previously short-staffed National Labor Relations Board (NLRB) acted without authority over the two years it had only two members. As a result, more than 500 opinions decided by that Board are now invalid and will need to be readdressed. In addition […]

Illinois employers need to prepare for same-sex marriage law

Illinois’ same-sex marriage law, which was passed last fall, is set to take effect June 1. The new law will affect Illinois employers in various ways. Employers will need to treat same-sex spouses the same way they treat opposite-sex spouses. This will have ramifications for employer-sponsored health plans with spousal coverage and retirement plans. Also, […]

Human trafficking prevention and awareness law on the horizon

by Elizabeth B. Bradley Do you know what lurks in your supply chain? Would you sign a certification subject to the penalties of perjury stating there is no human-trafficking-related activity anywhere in your company’s supply chain? For all federal contractors, the answer must already be “yes.” But new bills pending before Congress will bring these […]

Employment Law Tip: What’s the Purpose of Exit Interviews?

Exit interviews are normally held with employees who have decided to terminate their employment or who have been discharged for cause. One purpose of conducting these interviews is to give departing workers the chance to express their thoughts, whether positive or negative, about the resignation or termination decision, as well as to offer their suggestions […]