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The U.S. Supreme Court has handed down a ruling that permits the federal Equal Employment Opportunity Commission to sue you for job discrimination, even if the employee has signed a mandatory arbitration agreement. We’ll explain this new ruling and its impact.
The largest jury award ever for a U.S. Equal Employment Opportunity Commission suit must be reduced to meet a statutory cap, the commission noted May 10 in final court filings. A court will have the final say over whether the award will be reduced, however. A jury on May 2 awarded $240 million to 32 […]
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 […]
Last week, President Barack Obama signed legislation into law that extends the original federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (ARRA). The legislation extends: the total allowable time an individual could receive the COBRA subsidy by six months (from nine to 15 months); and the subsidy to individuals who […]
“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 […]
by Keri Bennett As we reported previously, the Canadian federal government is about to join most of the provinces in making mandatory retirement, for the most part, unlawful. That deadline is fast approaching – December 15, 2012. What can employers do until then? According to the Canadian Human Rights Commission, very little. Human Rights Commission […]
by Tammy Binford Proponents of a diverse workforce understand that an employee group made up of all ages, races, and cultural backgrounds has a lot to offer. In spite of the advantages of diversity, though, employees’ differences can lead to a lack of understanding that holds everybody back. But is there a secret to capitalizing […]
Managing wellness is described as “TC2” by today’s expert. That means Taking Care of employees and Taking Care of risks. Everybody wants to take care of employees, says attorney Francis Alvarez, but they must also realize that along with wellness programs come legal risks. It all depends on the kind of program you offer. Alvarez is […]
All California employers should be familiar with the California Fair Employment and Housing Act (FEHA), which prohibits employment discrimination and harassment. The FEHA offers employees greater protection and relief than its federal counterpart, Title VII of the Civil Rights Act of 1964.
Teen employment is highly regulated under child labor laws. Those laws may be changing. Here’s what you need to know. June is the month when most schools close for the summer. That means it’s also the time that thousands of American teenagers look for summer jobs. At any given time, according to the Department of […]