Most Popular

Is Business Still Fun?

The other day I was having a conversation with a friend and colleague — more friend than colleague. We were discussing the economy, business, and some of the challenges we’re experiencing at our company. As we wrapped up our conversation and I headed for the door, he asked me, “Are you all right?” His question […]

DOL Issues Ruling on Affirmative Action

On May 29, the Administrative Review Board (ARB) of the U.S. Department of Labor (DOL) issued an important decision on the scope of coverage of the nondiscrimination and affirmative action provisions of Executive Order 11246, Section 503 of the Rehabilitation Act, and Section 402 of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA). […]

Workers over 40? Caution’s the Watchword for RIFs

“Companies have to be especially cautious when conducting workforce reductions involving employees older than 40,” says attorney Lloyd Aubry. Waivers can help, but they bring their own legal challenges. The Equal Employment Opportunity Commission (EEOC) has recently issued a Technical Assistance Document covering waivers, say Aubry and Armilla Staley-Ngomo, both with the San Francisco office […]

‘New’ OSHA Uses Old Policy to Make Example of Employers

OSHA is making aggressive use of “egregious violations” to levy large fines and make an example of employers where it considers hazards to have been very serious, including a $16.6 million fine in Connecticut last week and another case in Wisconsin. But the question is whether the violations will hold up in the face of […]

5 Common Missteps When Achieving an Optimistic Workplace

In his book The Optimistic Workplace: Creating an Environment that Energizes Everyone, management and leadership consultant Shawn Murphy tackles the challenge and argues that our best work is the product of a positive environment. “How it feels to work within an organization is a critical workforce development issue. We need more leaders who are willing […]

Talking turkey and mulling mediation

by Christopher J. Pyles Many (many) years ago when I was in college, I spent Thanksgiving Day with a bachelor uncle at a football game. In celebration of the season, we bought a frozen turkey on the way home . . . and sadly discovered that you can’t just toss a turkey in the oven […]

Republicans Block Controversial NLRB Nominee Craig Becker

On Tuesday, U.S. Senate Republicans (along with two Democrats) used a filibuster to block Craig Becker’s nomination to the National Labor Relations Board (NLRB). In a 52-33 vote, the Democrats fell short of the 60 votes needed to end the Senate debate on Becker’s nomination and move to a final vote. Senators Ben Nelson (D-Nebraska) […]

Employee Benefits: New Ruling Clarifies When You Must Notify Employees In Advance Of Changes To Retirement Plans

When modifying a retirement plan or implementing an early retirement incentive program, most employers don’t announce the news until the details are finalized and the program is set to go. Now an important case from the Ninth Circuit Court of Appeals details when you have to give employees advance notice of a new program or […]

Short Takes: Protected Characteristics of FEHA

What are considered protected characteristics under the California Fair Employment and Housing Act? 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything you need to know. The California Fair Employment and Housing Act prohibits employment practices […]

The FLSA Won’t Help You Because You Don’t Work Here

If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer letter (at least in the 4th Circuit). The 4th U.S. Circuit Court of Appeals ruled […]