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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 […]

HR Salaries Jumping Up … But There Is a Catch

A consultant survey says that HR people have the opportunity to greatly increase their pay these days, but only if they develop the skills that merit such raises. What level of salary increase is in your company’s plans for the coming year? Probably about 3 percent to 4 percent, if you fall within national averages. […]

Crucial Conversations: Tools for Talking When Stakes Are High

Employment law editor Michael Maslanka reviews the book Crucial Conversations: Tools for Talking When Stakes Are High by Kerry Patterson, Joseph Grenny, Ron McMillan, and Al Switzler. Review highlights tactics in book for effective communication between supervisors and employees. Crucial Conversations: Tools for Talking When Stakes are High‘s big idea: There are tactics you can […]

News Note: Government Increases Cost Estimate For Use Of Unemployment Insurance Funds For Family Leave

The federal Department of Labor has increased its projections of the cost of allowing states to pay unemployment insurance benefits to employees out on family leave. Original estimates were as high as $68 million based on the four to six states that initially expressed interest. But now the agency says that the new program could […]

HR’s holiday guide: A look ahead

With only a week until Thanksgiving, it’s time to start planning for the holidays (if you haven’t already). The holiday season is filled with opportunities to celebrate and thank employees for their hard work. But those opportunities can turn into headaches if you aren’t careful. That’s why this post is the first in a series […]

DC insight: NLRB undaunted, EEOC empowered

by Sophie E. Zdatny Recently, the Employers Counsel Network (ECN) met in Alexandria, Virginia, where several notable speakers stopped by to provide their insights on current developments in the employment arena at the national level and to share their predictions for President Barack Obama’s second term. This is the second post in a three-part series […]

New USERRA Poster and Regulation

The U.S. Department of Labor has revised the poster that employers are required to post in the workplace to inform employees of their rights under the Uniformed Services Employment and Reemployment Rights Act (USERRA). USERRA sets out employment reinstatement and benefits rights for service members, and it applies to all employers regardless of size, including […]

Did Misconduct Discovered During FMLA Leave Justify Termination?

By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]