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Holidays and the Workplace

At Thanksgiving time, we thought it would be good to take a look at some of the issues employers face during the holidays — drops in productivity, employees shopping online when they should be working, training seasonal workers, refereeing disagreements about holiday decorations, and, of course, navigating the office party. Lawsuits never take a holiday. […]

Who’s Working for You – And In What Capacity?

Yesterday, we reviewed the first 5 factors of the “Borello test,” which California courts use to determine whether a worker is an employee or an independent contractor (click here for yesterday’s issue). Today, we’ll look at the remaining 6 factors and tell you about a wage/hour resource you won’t want to be without. 

E-Alert Item: Sex Discrimination: Court Approves $47 Million Settlement

A federal court has approved a $47,000,000 settlement entered into between the EEOC and Rent-A-Center to resolve two major class action lawsuits charging the rent-to-own company with sex discrimination. The lawsuits claimed that women were denied promotions, demoted, and sexually harassed, and that some women were fired or forced out after the company was acquired […]

Health Care—What Happens in 2011

By Stephen D. Bruce, PHR Managing Editor, HR Daily Advisor Just My E-pinion The enactment of the health care reform bills launched an extended period of far-reaching changes that impact every employer. BLR’s hot-off-the-press Special Report details what’s happening in 2011 (and beyond to 2018). Here’s what you need to be thinking about in 2011: […]

News Notes: COBRA Can’t Be Denied Because Employee Has Other Coverage

The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]

Brinker and Brinkley: The Saga Continues

In the January issue of California Employer Advisor, we reported on Brinkley v. Public Storage, Inc., which held that employers are required merely to provide employees with meal and rest periods, not ensure that employees actually take them (CEA online subscribers can read more on the case here).

Dwindling NLRB Takes Step Toward Quicker Union Elections

The National Labor Relations Board (NLRB) is moving ahead with a plan to allow for quicker elections on union representation even as Congress considers legislation aimed at thwarting the Board’s proposed rule. The NLRB met on November 30 to decide on a resolution from Board Chairman Mark Gaston Pearce on whether to adopt some of […]

How To Handle Alleged Bullying?

If an employee comes to you complaining about alleged harassment, it’s a no-brainer: You launch an investigation, end of story. But what about an employee who comes to you with a bullying complaint?

In McCutchen, Supreme Court Faces Thorny Decision on ERISA Recovery Rights

A victory by the health plan participant in US Airways v. McCutchen, now before the U.S. Supreme Court, may erode ERISA plans’ ability to enforce plan terms as written, a legal expert tells the blog. In McCutchen, the Court has a very difficult balancing act to answer whether: (1) an ERISA health plan administrator is entitled […]