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California Outlaws ‘Demand Letters’ in Attempt to Curb Predatory ADA Suits

Letters demanding that businesses fix accessibility violations or settle with the sender are now prohibited in California thanks to a law that took effect last week. The bill, SB 1186, amended state law “by prohibiting ‘demand for money’ letters, where attorneys target businesses with alleged minor access violations and demand a quick monetary settlement in […]

News Notes: Employees Win Big Damages for Meal Period Violations

If employees are free to do what they wish during a lunch or other meal break, the general rule is you don’t have to pay them for that time. But what if they’re required to remain on company premises? In two recent cases, employees who weren’t permitted to leave during meal periods have won big […]

Are College Alums Displacing High School Grads in the Workforce?

One-third of hiring managers and HR professionals said they are hiring more employees with college degrees for positions that were historically held by high school graduates, according to a recent CareerBuilder® survey. This hiring trend varies across industries: Financial Services—53 percent Healthcare—40 percent Manufacturing—38 percent Transportation & Utilities—37 percent Information Technology—33 percent Professional & Business […]

Enforcement: California Has a New Labor Commissioner

Gov. Arnold Schwarzenegger has appointed a new labor commissioner, Angela Bradstreet, who previously served as the managing partner for San Francisco-based corporate law firm Carroll, Burdick & McDonough. As the new labor commissioner, Bradstreet will head up the Department of Industrial Relations, within the Labor and Workforce Development Agency.

News Notes: Employment Cases On Supreme Court Docket

The U.S. Supreme Court will take up several workplace-related cases this year. In one, the court will review a Ninth Circuit ruling regarding the type of evidence a terminated employee can use to prove job discrimination when an employer has both legitimate and illegal reasons for the discharge. Other cases on the court’s docket involve […]

News Notes: Hastily Drawn Settlement Agreement Amounts To Expensive Mistake

Orange-based Bergen Brunswig Corp. dashed off a settlement offer to its former president, Donald Roden, to resolve a wrongful-discharge lawsuit. Theoffer stated only that Roden would receive a $5 million lump sum plus attorney’s fees, and his retirement and other benefits would be continued. After Roden signed the agreement, Bergen Brunswig claimed it had intended for Roden’s […]

Health Reform Means Different Things for FSAs and HSAs

There is some persistent confusion over what the implementation of the health reform law means for health flexible spending accounts and health savings accounts. The short answer is that with one exception, employers and plan administrators must follow different steps for health FSAs and HSAs. Understanding these steps is crucial, because the time to prepare […]

Is AI Recruiting Discrimination Inevitable?

In yesterday’s post, we discussed the idea that using artificial intelligence (AI) or big data in the recruiting process doesn’t eliminate problems with discrimination and bias. Perhaps counter-intuitively, these methods can actually emphasize bias if we’re not careful because the machine doesn’t know any better. It can only assess the (often imperfect) traits it is told to […]