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The Courtroom Shouldn’t Be Recordkeeping’s First Test

Litigation is the ultimate test of the adequacy of an employer’s recordkeeping practices, says attorney Allen Kato of the San Francisco office of Fenwick and West LLP. Of course, the courtroom isn’t the best place to find out that records are inadequate, incomplete, or nonexistent. Record retention is a daunting task for employers because there […]

Court Clarifies Standards for Mixed-Motive Claims

“Mixed-motive” discrimination claims are among the most confusing kinds of employment cases. A mixed-motive bias claim occurs when an employee alleges that bias was one of the reasons that the employee was terminated or suffered some other kind of adverse employment action. In these cases, the employer asserts that there was a legitimate reason for […]

Get Off on the Right Foot by Drafting an Effective Handbook

Often, the first document a new employee reads is the company handbook. A handbook serves many purposes, among them introducing the employer’s culture, communicating important policies, and setting employee expectations. If approached thoughtfully, a handbook is also a key tool for minimizing exposure to litigation.

Strong Documentation Defeats Employee’s ADA, ERISA Claims

Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]

Attending SHRM 2011 and Wishing I Could Be Cloned

I’m at the 63rd annual conference for the Society of Human Resource Management (SHRM) in Las Vegas, where I’m learning not only the ins and outs of HR, but the need for cloning. There’s so much I want to hear about — technology and HR, the latest on employee benefit issues such as health care […]

Have You Heard of a Returnship?

Employers everywhere are finding that a robust economy and low unemployment means fewer applicants for any given role. It’s often difficult to find a well-qualified employee when a vacancy presents itself. As such, they’re thinking of creative ways to expand the talent pool and find candidates who are a good fit.

Payroll Tax Exemption for New Hires?

The U.S. Senate recently voted 62-30 vote to end debate on legislation that would give employers a payroll tax exemption for hiring new employees in 2010. The vote to end debate clears the way for a final vote on the legislation. Join us this fall in San Francisco for the California Employment Law Update conference, […]

Wellness Works! Or Does It?

Can a workplace wellness program actually result in a return on investment in your workplace? Can you really change your employees’ behavior and overall health and wellness? There are ample reasons to be skeptical: Wellness programs cost money and time. They are preventive and preemptive, which can be tricky when it comes to proving cost […]