Is Winning at All Costs the Right Strategy?
By Catherine Moreton Gray, JD
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Survey: Wage/Hour Suits Lead Litigation Parade
In yesterday’s Advisor, we featured highlights from the 2011 Fulbright & Jaworski Litigation Trends Survey; today, what the survey revealed about litigation budgets and wage/hour litigation, plus good news about your job descriptions. Fulbright & Jaworski L.L.P. is a leading full-service international law firm, with approximately 850 lawyers. Litigation Spending Is Up Spending on litigation […]
NLRB puts employees on the spot
by Burton J. Fishman In a ruling that could make workplace investigations at unionized facilities all but impossible, the National Labor Relations Board (NLRB) reversed a 37-year-old precedent that protected employees from retaliation. Under the prior Anheuser-Busch standard, employers did not have to hand over witness statements, particularly from employees, to unions in discipline cases. […]
EEOC Lawyer Says Leave Is a Very Reasonable ADA Accommodation
While most courts agree that coming to work regularly is an essential job function, many courts also have found that leave for a specified period of time is a reasonable accommodation if it does not cause an undue hardship. Chai Feldblum, a commissioner with the U.S. Equal Employment Opportunity Commission, discussed “leave as a reasonable accommodation” under the ADA […]
Hire Based on Data, Not “Gut”
On Fridays, California Employer Daily will often be given over to an “E-pinion” column by Jennifer Carsen, Esq., ERI’s Managing Editor. If you’ve got an idea for a 500-700 word column on any topic of interest to California employers, we’d love to have you as a guest columnist. Just describe your idea in a brief […]
Survey Identifies Four Factors that Control Healthcare Cost Increases
A recent survey of 585 businesses identified major growth in companies offering high deductible healthcare plans, and noted four ways to restrain cost increases. Once upon a time, if you worked for a good company and you got sick, you went to any doctor, hospital, or pharmacy and handed them your health plan card. That […]
Holiday Season (and Year-Round) Stress: How to Handle It
Today’s workforce operates under high pressure, especially at holiday season. Here are some tools to help them handle the load. Holiday season is one of the most joyous times of the year, but it’s also one of the most stressful. Gift buying fever is at its peak, and the malls are jammed. Even worse are […]
Will Your Investigation Satisfy a Jury?
If you carry out misconduct investigations, how good should they be? As good as the jury thinks they should be, say today’s experts. And that better be pretty darn good, because juries expect a lot from HR.
Withholding judgment on IRS amnesty program
by Michael E. Barnsback For the past couple of years, the IRS has focused its enforcement efforts on the misclassification of independent contractors. Many employers improperly classify workers as independent contractors to avoid paying FICA taxes and providing benefits. Others make the mistake simply because they don’t understand the differences between the two classifications. Regardless, […]
Reasonable Accommodation: New Ruling Expands Time Limits For Disabled Employees To Sue; Practical Impact
Under California anti-discrimination law, a disabled employee typically has only one year from the date of a firing, demotion or other wrongful employment action to file a lawsuit. But now the California Supreme Court has ruled that disabled workers may be able to sue for discrimination incidents that occurred many years earlier. We’ll tell you […]