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News Notes: Delay Tactics Cost Employer A Lot More Than Settlement Would Have

Journeyman painter Thelma Walker filed a sexual harassment and defamation lawsuit against the San Francisco housing authority and her former job site foreman. Over the next six months, the housing authority was smacked with court fines for repeatedly not responding to Walker’s discovery requests. Walker and the housing authority then tentatively agreed to a settlement […]

“Day Without a Gay” Nationwide Protest May Result in Work Shortage

Some gay rights advocates are calling for “A Day Without a Gay” protest and boycott across the United States on Wednesday, December 10, to show opposition to California’s Proposition 8 and to show the power of the gay and lesbian community. Organizers are encouraging people to strike by “calling in gay” to work, taking the […]

EEOC Claims Record Year in 2011

The Equal Employment Opportunity Commission (EEOC) is touting fiscal year 2011 as a record year for obtaining monetary settlements and taking in discrimination charges. Also, the agency said it finished the fiscal year on September 30 with a 10 percent decrease in its pending charge inventory, the first such reduction since 2002. The agency released […]

In California, Not All Arbitration Agreements Are Created Equal

By Marianne C. Koepf Over the past several years, many California employers have implemented dispute resolution programs and imposed arbitration agreements as a condition of employment—after all, it’s less expensive than litigation! But as the California Court of Appeal recently explained, while arbitration agreements are generally valid, an employer must understand its limits.

Why Does the NLRB Care About At-Will Policies?

Most employers have and use at-will provisions in their employment agreements, handbooks, and acknowledgements. These provisions tend to state that the at-will nature of the employment is not subject to modification. However, in the last year employers have found that these provisions may be in violation of NLRA Section 7. "The NLRB has now weighed […]

Agencies Would Broaden Exceptions to Required Benefits

Employee assistance programs and certain “limited wraparound coverage” would be added to the set of “limited excepted benefits” exempt from most of the requirements of the Affordable Care Act, under proposed rules in the Dec. 24 Federal Register (78 Fed. Reg. 77632). The proposal also would make it easier for dental and vision benefits to […]

The Perfect Candidate Has a Résumé Gap, Now What?

One of the most difficult tasks for a job applicant coming off a period of unemployment is to explain that gap in dates on their résumé. This was a common challenge for many jobseekers following the Great Recession.

Is ‘Psychological Recession’ Dragging Your Company Down?

Massive layoffs and reduced pension payouts have helped corporate America trim expenses, but there’s been a cost—a disastrous new employee mindset. And the negative effects of that mindset—what today’s expert calls “psychological recession”—go straight to the bottom line. “Psychological recession” is an “emotional state” that includes a “dour view of the present and an even […]

English-Only Rules: Employer Ordered To Pay Over $700,000 To Telephone Operators Hired—And Fired—For Speaking Spanish; Creating Language Policies That Work

A record damage award levied against a telephone company that tried to prevent operators from speaking Spanish to each other in the workplace underscores the risks of enforcing English-only policies. Faced with this increasingly common type of bias case, a federal court has concluded that the language restriction amounted to illegal discrimination based on national […]

Reform’s Essential Health Benefit Rule Clarifies Employer Plan Obligations

Health reform’s final essential health benefits rule makes it clear that self-insured and large group health plans do not need to comply with limits on growth in employee cost-sharing, offer all 10 categories of essential health benefits, or meet actuarial minimums like small-group and individual policies. However, the regime explained in the rule is still […]