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Wage And Hour: Ninth Circuit Examines When You Have To Pay Workers For Donning And Doffing Protective Gear

Production line employees at the IBP Inc. meat processing plant in Pasco, Washington, are required to be at their workstations as the first piece of meat comes down the line. Before taking their positions, the employees must prepare their work tools and change into protective gear, such as sanitary aprons, metalmesh leggings, Kevlar gloves, and […]

Family Leave: We’re a Small Company—Are We Covered by FMLA?

We are a small California business with 14 employees. We are not supposed to be subject to FMLA, but our lawyer says we are. This is because we have FMLA eligibility information included in our handbook. But the eligibility clause clearly states that “employees who work at a location where the Company employs fewer than […]

Hot List: The Library Journal’s Best Business Books of 2009, Part 3

In its 133rd year of publication, Library Journal is the oldest and most respected publication covering the library field, with review sections evaluating nearly 7000 books annually, along with hundreds of audiobooks, videos, databases, web sites, and systems that libraries buy. Recently, Library Journal released its list of the 32 best business books of 2009, dividing the books into nine categories. Here are the final three categories.

Retaliation Suits Are Up—But HR Can Prevent Them

Retaliation suits are the one type of EEOC suit that is increasing, and Attorney Judith A. Moldover says HR managers have an “incredible role” in sparing their organizations the expense those suits invariably bring—even if you “win” them. Retaliation claims are very fact related, says Moldover, and that makes it especially important that someone with […]

Asian Harassment Based on African American Racial Slurs

The New Jersey Division on Civil Rights (DCR) recently issued a probable-cause finding against an employer and its owner. The owner admittedly used the “n” word in the presence of an Asian employee who has a biracial child and a black fiance. Facts In February 2008, Shi-Juan Lin started working as a bookkeeper and secretary […]

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: 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 […]