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Short Takes: Background Checks

A criminal background check on a new employee has revealed that the employee has a warrant for his arrest (drunk driving). The warrant does not appear to have been resolved. Can we discuss this matter with the employee? If so, and if the employee indicates that the matter has been resolved in the courts, can […]

Is Executive Comp ‘Obscenely High’ or Just ‘Embarrassingly High’?

By BLR Founder and CEO Bob Brady Just My E-Pinion In the past 2 years, executive comp has been battered as never before. From the general public to Congress—and don’t forget shareholders—there is increased scrutiny over the amount of compensation and its relation to results. High compensation—some would say obscenely high—is what attracts and keeps […]

News Notes: Employers Paying More For Absenteeism, Survey Says

A new absenteeism survey by Commerce Clearing House Inc. indicates that absenteeism costs climbed to an all-time high in 2002—even though absenteeism itself dropped slightly. Employers spent an annual average of $789 per employee for unscheduled days off, up from $755 in 2001. While workers listed illness as the most common reason for calling in […]

Employment Law Tip: How to Avoid Common Retirement Plan Missteps

It’s no secret that retirement and pension plans have come under increased scrutiny in recent years, amidst allegations that benefits are often miscalculated and underpaid. Here’s a checklist to help you avoid some of the most common plan mistakes:   Check your plan documents to determine the types of covered compensation. Be sure all relevant […]

News Flash: Employer To Pay Almost $4 Million For Misclassifying Workers As Exempt

U.S. Bank has agreed to pay $3.8 million to “personalbankers” in several states, including California, who were improperly classified asexempt from the overtime laws. The personal bankers’ job duties included creating newbanking relationships, opening accounts and selling banking services. U.S. Bank contendedthat the workers qualified for the administrative exemption to the overtime laws becausethey were […]

Age Bias: New Legislation Expands State Protections For Older Workers

Earlier this year, we reported on a major California Supreme Court opinion that state anti-bias law doesn’t bar discrimination against older workers in providing fringe benefits such as tuition assistance. Now Gov. Davis has inked into law an amendment to California’s Fair Employment and Housing Act that undoes the high court’s ruling and brings California in […]

E-Alert Item: New Employer Sued for Unfair Competition Can’t Delay Arbitration Between Employee and Former Employer

After Nancy Duitch left her position as president of One World Networks Integrated Technologies to work at Buckhead Marketing, she entered into arbitration with One World over a series of disputes involving wages owed to her, and unfair competition claims by One World. One World also sued Buckhead Marketing for unfair competition. Buckhead Marketing then […]

Arbitration Agreements: Ninth Circuit Says Compulsory Arbitration of Bias Disputes Is OK; Caution Still Required

Last year, the Ninth Circuit Court of Appeals, which covers California, decided that federal antibias laws don’t prohibit employers from requiring job applicants and employees to sign mandatory arbitration agreements as a condition of employment. The case then went before a full panel of the Ninth Circuit for review—which has now handed down another strong […]