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News Notes: Opt-Out Arbitration Clause Saves Lopsided Agreement

The federal Ninth Circuit Court of Appeals recently tossed out a mandatory arbitration agreement signed by a Circuit City employee because it was unduly lopsided in the employer’s favor (see CEA March 2002). But in another case involving identical arbitration provisions, the court has ruled that employee Mohammad Sharfuddin Ahmed was required to arbitrate his […]

News Notes: Unauthorized Access To Employee’s Website Creates Legal Trouble

During collective bargaining negotiations with Hawaiian Airlines, pilot Robert Konop created a password-protected website containing statements critical of his employer and union. Konop sued Hawaiian after learning that a co-worker, who had been authorized to access the website, shared his password with Hawaiian’s vice president, who in turn shared information from the website with an […]

News Notes: Deluge Of Overtime Misclassification Claims Not Letting Up

There has been a surge of class action lawsuits filed by workers seeking huge damages for back overtime based on claims that they were improperly classified as managers exempt from overtime laws. Now, more than 600 low-level managers have sued Robinsons-May Inc., a retailer with 46 department stores in California. The workers contend that although […]

Mental Disabilities: New Conflicting Decisions About Loophole In California Law; More Claims Coming?

Dealing with employees who have emotional or psychological problems can be challenging both personally and legally. And now, handling these issues is trickier than ever in light of two recent conflicting cases on the definition of mental disability. Court Finds Loophole In the first case, brought against Bowersmith Inc. based in the Tulare County town […]

Stimulus COBRA Subsidy: New Notices Every Employer Must Use

The new stimulus package, called the American Recovery and Reinvestment Act of 2009 (ARRA), provides COBRA subsidies for certain employees terminated or laid off between September 1, 2008 and December 31, 2009. The subsidy reduces an employee’s COBRA premium by 65% for up to nine months, provided that the employee meets the eligibility requirements. Last […]

EEOC Releases New Guidance on Avoiding Religious Discrimination

Recently, Lynn Noyes, a permanent software developer at temp agency Kelly Services in Nevada City (near Sacramento) won a massive $6.5 million verdict when a jury found that Noyes’ manager failed to select Noyes for promotion because she lacked certain religious beliefs held by that manager. Evidence in the case showed that the manager also […]

Continuous Learning Continues to Create Opportunities

According to a survey commissioned by Academic Partnerships (AP), human resources (HR) executives agree that advanced academic degrees are important for employees looking to advance in their companies. The advantages of advanced degrees include: Upward mobility (89%), Promotion (86%), and Increases in salary (71%). However, these executives report that only half of their employees hold […]

New Survey Lings Employee Satisfaction With Pay To Age

According to a new survey, 48 percent of American employees say they’re paid well for the work they do, but 46 percent say they’re not. In general, those who felt adequately compensated were age 45 and older, held upper management positions, and worked for the same employer for at least six years. Employees who felt […]