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Silicon Valley sex discrimination case shows the real win is not getting sued

by Mark I. Schickman For the past month, the most interesting show in San Francisco has been the trial of Ellen Pao’s sexual harassment and sex discrimination case against investment firm Kleiner Perkins. Pao, who engaged in a sexual relationship with a Kleiner Perkins partner early in her career, claims that the firm is a […]

Montana: Few Surprises in Big Sky Elections

by Jeanne M. Bender, Holland & Hart LLP Lone congressman Republican Denny Rehberg was reelected by a large margin after a somewhat nasty campaign. The big changes came with the legislative races, in which Republicans did very well and a number of incumbent Democratic legislators lost their seats. Republicans here are pretty conservative, so we […]

Employees’ smartphones as potential sources of evidence

By Antoine Aylwin and Edith Charbonneau Your employee quits his job and returns his smartphone. It contains information that shows he was scheming against you. What can you do with this? Could you use the e-mails found in the smartphone as evidence? This question was recently ruled upon by the Quebec Superior Court in Les […]

Do You ‘Own’ Your Job?

I hope I don’t disappoint when I tell you that what you’re about to read isn’t about Tiger Woods, the OctoMom, or anything remotely salacious. Instead, this is about you. Let me share with you a story that Jim Stovall tells in his book You Don’t Have to Be Blind to See. It’s about two […]

Who Is Exempt under the FLSA?

by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]

COBRA

COBRA: Proper Mailing Procedures Trump Address Mistake

by Gwen Cofield Although an employer or plan administrator is not required to ensure actual receipt of the Consolidated Omnibus Budget Reconciliation Act (COBRA) notice, a good-faith effort to provide the COBRA notice must be made. Where an administrative error prevents the receipt of the COBRA notice, an employer or plan administrator can demonstrate good-faith […]

5 Industries Facing Talent Shortages

With the rise of artificial intelligence and automation, many industries are facing talent shortages right now and will continue to do so over the next decade or so. And current studies and research indicate that the skills gap is widening and that this will cost companies over $8.5 trillion in economic opportunity.

Promising or perilous? Exploring the future of Millennials in the workplace

More than a few HR professionals have combed the Internet, consulted their peers, and examined their own experiences as they search for a crystal ball capable of revealing the future of the millennial generation in the workplace. Some HR pros see enormous potential in well-educated, confident, passionate, energetic, and collaborative team players, while others see […]

E-mail: What to Keep, What to Toss

by Michael E. Barnsback Local, state, and federal laws, rules, and regulations impose record-retention obligations on all employers. In the employment context, you have to retain employee hiring and termination records, payroll and benefits records, wage and hour records, immigration records (Form I-9), Occupational Safety and Health Act (OSHA) records, Health Insurance Portability and Accountability […]