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‘Quickie election’ rule likely on track despite Senate action

The U.S. Senate dealt at least a minor blow to the National Labor Relations Board’s (NLRB) rule aimed at speeding up union elections, but the rule’s April 14 effective date likely is still on track. On March 4, the Senate voted 53-46 to overturn the rule by using its power under the Congressional Review Act. […]

Resources to Help You All Year Long

Need help with an FMLA issue? Having difficulty determining whether an employee’s time off qualifies under the California Family Rights Act, the state counterpart to the FMLA? At the Employer Resource Institute, we offer valuable resources that can put the information you need right at your fingertips, 24 hours a day, every day of the […]

Los Angeles, San Francisco minimum wages going up July 1

Employers in Los Angeles and San Francisco must prepare to pay higher minimum wages starting July 1. In the city of Los Angeles and the unincorporated areas of Los Angeles County, the minimum wage is going to $12 an hour on July 1 for businesses with more than 25 employees, up from $10.50 an hour. […]

When is it OK to stereotype?

by Mark Schickman We are a country that is properly committed to judging people based on their individual qualifications and not stereotypes about their groups―race, gender, age, or ethnicity. One seldom sees articles suggesting that any one category makes a better executive than another. The one exception is the never-ending stream of articles that say […]

Arbitration Clause Is A-OK for California Supreme Court

By: Beth A. Kahn and Hubert T. Lee Arbitration agreements are popular among California employers, but in many instances the employer has to go to court in order enforce the agreement. Recently, the California Supreme Court upheld an arbitration provision in a sales agreement, even though quite a few of the terms were arguable—but also […]

May the enforceability of your release be with you

by Hannah Roskey We have all been faced with employees’ buyer’s remorse. They accept a severance package, sign a release, cash the severance check, and then claim that the release is unenforceable. Recently the Alberta Human Rights Commission considered this very issue in Marquardt v. Strathcona County.

Out of Sight, Out of Court? Don’t Bet On It

Telecommuting is attractive to many workers, and it’s no surprise. What is a surprise is how many of them are suing their employers. That’s right, suing. Over wage and hour issues. Over reimbursement of travel costs on days they do have to come in. Even over safety matters. The lawsuits are neither small nor cheap. […]

Terminating And Disciplining Employees: Employer To Pay Four Years’ Back Wages For Firing One-Man Striker; Important Tips For Avoiding Labor Law Problems

If an employee makes unjustified complaints about wages and hours, you may be tempted to brand the person as a troublemaker. You might even take disciplinary action if the griping continues. But a new National Labor Relations Board (NLRB) ruling cautions that even a one-employee protest can be a protected activity under federal labor law-landing […]

Bush Orders Federal Contractors to Use E-Verify

Update: E-verify deadline moved to September 2009 On June 6, President George W. Bush issued an executive order requiring all federal government contractors to use E-Verify to verify the work authorization of all new hires and existing personnel assigned to perform work on future federal contracts. The amended Executive Order 12989 states: “Adherence to the […]

Wage And Hour: Employer Takes Big Hit For Not Paying Overtime To On-Call Workers; Practical Pointers

If you use on-call employees, it’s important to understand when you have to pay for their on-call time. In a recent case, an employer failed to properly compensate its on-call workers and was clobbered with a steep bill for two years of back overtime. We’ll provide guidance to help you determine when you must pay […]