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Review Applicants’ Criminal History Cautiously

By Kara E. Shea Employers are understandably hesitant to hire an applicant with a criminal history. There are good reasons to exercise caution ― employers face considerable exposure for workplace violence committed by employees. The U.S. Department of Labor‘s Occupational Safety and Health Administration regularly cites employers that have failed to enact adequate safeguards against […]

News Notes: Worker Lawfully Terminated Following Violation Of Last-Chance Agreement

Last month we reported on how you can use a last-chance agreement to give employees with substance abuse problems one more opportunity to improve before being terminated. Now a California Court of Appeal has upheld the termination of a worker who violated a similar agreement. Thomas Robison, a refuse collector for the city of Manteca, […]

Health Reform Law Upheld by U.S. Supreme Court

The health care reform law was upheld today in the U.S. Supreme Court, which concluded that the controversial individual mandate is a tax and therefore falls into Congressional authority in the Taxing Clause of the Constitution. Chief Justice Roberts’ ruling was based on logic that was not the key focus of in oral arguments last […]

The Legal Risks of Using Social Networking Websites for Background Checks

Social networking websites—such as Facebook, Friendster, and MySpace—allow users to post information about themselves, to stay in touch with friends and meet new ones. A typical member profile might include photos; education; career interests; lists of family, friends, favorite music, television shows, and films; weekend activities; political leanings; personal musings; and more.

Harassment: Court Says Employer Doesn’t Take Fall When Client Harasses Worker, But Caution Still Required

Suppose a nightclub waitress complains to her employer that male customers often grope her. Her employer ignores her reports, turning a blind eye to the customers’ actions. Can the waitress sue the employer for workplace harassment? A California Court of Appeal recently faced this issue and—in a controversial opinion that may not hold up—has decided […]

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 […]

Top CEOs Show Some Reason for Optimism

On June 23, the Business Roundtable released its Second Quarter 2009 CEO Economic Outlook Survey and there is reason for some optimism. While it’s not all blue skies and sunshine, it does appear that the storm clouds may be clearing. Good news is rare these days so I thought the survey was worthy of some […]

Fake ‘Labor Commissioner’ Gets 16 Months in Prison

An Alhambra man who posed as a California deputy labor commissioner in an alleged attempt to extort money from his former employer, Temple City-based Jayco Acceptance Corp., has been sentenced to 16 months in prison after entering a plea of no contest to charges of obtaining funds through false pretenses. Representing himself to be the […]

Whistleblowing: The Latest Employee Complaints-From B-2 Bombers To Beef

California employers continue to be hit by revelations from whistleblowing workers. The Southern California-based Northrop Grumman Corp. has agreed to pay $1.4 million to settle a lawsuit by a former employee who accused the defense contractor of overcharging the Air Force for B-2 bomber instruction and repair manuals. The worker who complained to the government […]

Obama, EEOC, OFCCP, and You

What’s happening at EEOC and OFCCP? Increased resources for compliance and new areas of focus, says Leslie Silverman, former Vice Chair of the Equal Employment Opportunity Commission (EEOC). Silverman, a partner at Proskauer, LLP, in Washington, D.C., offered her take on the Obama administration’s compliance tactics at the Society for Human Resource Management’s Employment Law […]