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Labor Code Violations: New Legislation Softens Blow of Last Year’s Bounty Hunter Law, but Employer Caution Still Required

The Labor Code Private Attorneys General Act, dubbed the “bounty hunter” or “sue your boss” law, went into effect on Jan. 1, 2004. The controversial law gave employees in California almost unlimited rights to sue their employers for just about any Labor Code violation—and to recover the statutory penalties and attorney’s fees.

Employment Law Alert: San Francisco’s Ban the Box Ordinance

Effective August 13, 2014, San Francisco’s Fair Chance Ordinance prohibits employers from asking about a job applicant’s criminal history, including inquiries on an employment application form. This prohibition, often called a “ban the box” provision, applies to private employers, city contractors, and subcontractors with 20 or more employees. Covered employers may ask about an applicant’s criminal history after the first live interview (in person or via telephone or other technology) or after a conditional job offer. A notice describing the protections provided under the ordinance will be developed by the city’s Office of Labor Standards Enforcement (OLSE). Employers are required to post the notice and to send a copy to any labor union with which they have a collective bargaining agreement.

EEOC Reaches Record ADA Settlement with Sears

The Equal Employment Opportunity Commission (EEOC) recently announced a record-setting settlement resolving a class-action lawsuit against Sears, Roebuck and Co. under the Americans with Disabilities Act (ADA) for $6.2 million and significant remedial relief. The consent decree, approved on September 29, represents the largest ADA settlement in a single lawsuit in EEOC history. The EEOC’s […]

Lawyer Repellant–Apply Liberally!

In yesterday’s Advisor, attorney Wendy Warner explained how employers make things worse for themselves when lawsuits threaten. Today she shares ideas on how to make things better. Warner usually represents employees, but changed hats at a recent Society for Human Resources (SHRM) convention. Here are her simple steps employers can take “to keep lawyers like […]

West Virginia becomes 26th right-to-work state

by Rodney L. Bean West Virginia became the nation’s 26th right-to-work state Friday when both houses of the West Virginia Legislature voted to override Governor Earl Ray Tomblin’s veto of right-to-work legislation. The new law will take effect May 4, 2016. The legislation bans union security agreements—pacts between employers and labor unions that require employees […]

Employer Shining Beacon During Economic Slump

For the third year, the Wall Street Journal (WSJ) teamed up with Winning Workplaces to create its list of Top Small Workplaces for 2009. As the article notes, when faced with tough economic times, many employers try to cut just about everything that may be considered nonessential, including employee benefits, wellness plans, and other innovative […]

Paycheck Fairness Act Meets Its Demise

The much-hyped Paycheck Fairness Act has been shut down and is unlikely to be revived any time soon. The PFA (S. 182; H.R. 11) was initially introduced in 2008 as a companion to the Lilly Ledbetter Fair Pay Act. The bill, which passed in the U.S. House of Representatives in January 2009, needed 60 votes […]

The Time for Bold Action

In difficult times such as these, with the economy in disarray and unemployment at a 20-year high, the natural reaction for many is to pull back. We want to do the safe thing. Recessions are a time to make cuts, reduce risk and weather the storm. Whether you’re talking about individuals or organizations, this is […]

Making a Slam Dunk in Hiring and Promotion Decisions

Here in O’Town, we are thrilled that the Magic made it to the NBA playoffs—and at the time of this post, have won their first game against the Toronto Raptors. In basketball, of course, it’s easy to determine who’s the best of the best—just look at the scoreboard. At your business, however, making hiring and […]