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Bulletin: Long-awaited FMLA Revisions Delayed Until Next Year
Proposed revisions to Family and Medical Leave Act regulations will not be issued until March 2005, according to the latest regulatory agenda from the Department of Labor. Originally, the Bush administration announced it planned to unveil the revisions in January 2003. The changes to the 1993 leave law have lagged as the DOL repeatedly extended […]
News Bulletin: Pending Legislation Affecting Employers
The State Assembly recently passed a bill (AB196) that would prohibit employment discrimination based on perceived gender, which includes trans-gender individuals and those who do not fit gender stereotypes. In Washington, the House passed a bill (HR 100) that would permit employers to offer retirement investment advice to employees and require that employers provide plan […]
If You Can’t Beat ’Em, Join ’Em
By now, you’ve probably seen (or at least heard about) Marina Shifrin’s viral “quit-eo,” in which she announces her plans to depart her job at a Taiwanese video animating company via homemade dance video – filmed at 4:30 am in her soon-to-be-former, cubicle-filled office:
Iraq War Veterans Coming Home
On October 21, 2011, President Barack Obama announced “After nearly 9 years, America’s war in Iraq will be over.” At the time, America had already withdrawn nearly 100,000 troops from Iraq, leaving nearly 40,000 “non-combat” troops to come home by the December 31 deadline set in 2008. Referencing plans for troop withdrawal in Afghanistan as […]
Lawmakers Try to Address Workplace Gender Identity Issues
Gender identity disorder is a medically recognized condition in which a person’s gender identity doesn’t match his genetic sex. In some cases, the recommended standard of care is counseling and sex reassignment therapy, which includes representing yourself as the gender corresponding to your identity, hormone replacement therapy, and, eventually, gender reassignment surgery. Although federal law […]
Tips on FLSA’s Training Rules Can Help Employers Avoid Trips to Court
Many employers get sued for failing to properly administer compensable time — including the requirement that generally, employers must pay employees for time spent in training programs, meetings or similar activities. So to avoid costly litigation or enforcement challenges, an employer needs to understand — and correctly apply —the Fair Labor Standards Act’s basic criteria […]
News Flash: Court Raises The Stakes For Using Illegal Noncompete Agreements
Contracts that bar employees from working for competitors after they leave your company are unenforceable under California law in most cases. And now such provisions pose an even bigger problem for employers. That’s because a Court of Appeal has recently ruled that you can be sued for insisting employees sign a noncompete agreement as a […]
News Notes: Arbitration Provision In Union Contract Doesn’t Preclude Whistleblower Lawsuit
The Ninth Circuit Court of Appeals has ruled a labor arbitration provision in a collective bargaining agreement doesn’t bar an employee from filing a lawsuit claiming he or she was discharged in retaliation for filing a complaint with Cal-OSHA. This is true unless the union contract contains a “clear and unmistakable” waiver of the employee’s […]
HR Lawsuits Get Personal (Part 2 – What to Do)
The threat of individual lawsuits is growing, and HR managers are right in the thick of it. Here are tactics for avoiding such suits … and an antilawsuit tool you should be using regularly. Yesterday’s Advisor reported on a troubling increase in plaintiffs in employment law cases filing suit against individual managers as well as […]