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News Notes: Nonmembers Can’t Be Forced to Pay for Union Organizing

A long-standing ruling by the National Labor Relations Board permitted unions to charge workers who were not union members fees that were used in organizing efforts in other workplaces. The rationale behind the rule was that nonunion workers derived a benefit from organizing efforts elsewhere because nonunion employers in the area would be forced to […]

News Notes: Court OKs Trading Pension Benefits For Signed Releases

It’s common to ask employees who accept early retirement to agree to waive future legal claims against you in exchange for higher pension payouts. But is it legal? Two years ago, the Ninth Circuit Court of Appeal ruled that Lockheed Corporation violated the Employee Retirement Income Security Act (ERISA) when it did just that. The […]

Wage and Hour: Important Meal Period Ruling from California Supreme Court

The California Supreme Court has handed down an important new decision, answering a wage and hour question that recently has plagued the state’s appeals courts: Is the required payment of “one additional hour of pay at the employee’s regular rate of compensation” for each day that an employer fails to provide mandatory meal or rest […]

News Notes: Employer To Pay $5.5 Million To Settle Misclassification Charges

The U.S. Department of Justice and Time Warner Inc. have reached a $5.5 million settlement to resolve a lawsuit charging that since 1990 the publishing giant has misclassified employees as independent contractors or temporary workers, causing them to be denied benefits including health insurance, pensions and employee stock ownership. The company did not admit liability, […]

Tool of the Week: 21-Point Safe Terminations Checklist

Terminating an employee is one of the most unpleasant tasks an employer faces. And the fact that you also need to keep track of a complicated set of legal concerns only adds to the stress. Most employers are acutely aware that if you make a mistake, you could be facing an expensive employee lawsuit.

Employment Law Tip: New EEO-1 Report Due This Month

Employers take note: Sept. 30, 2007, is the deadline to file the annual EEO-1 Report with the Equal Employment Opportunity Commission (EEOC). This year, employers must use the new and revamped version of the form (Standard Form 100, rev. 1/06). The EEO-1 form must be filed annually by employers with 100 or more employees or […]

Were Employees Required to Sign Tax Refunds Over to Employer?

An employee has filed a class action lawsuit in a San Francisco federal court claiming that his employer required foreign employees to sign over their federal and state tax refund checks to the company. The lawsuit was filed by Gopi Vedachalam, a citizen of India, against Tata American International Corp., which is a U.S. subsidiary […]