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Social Media—You Can’t Unring the Bell

“Social media networks and blogs are now the fourth most popular online activity, ahead of personal e-mail,” says Attorney Cynthia L. Gibson. And they are getting more popular with HR for background checks. Unfortunately, she says, once you turn up information you don’t want, “you can’t unring the bell.” Gibson is senior vice president, Legal, […]

E-Alerts: Workers’ Compensation: Fraudulent Concealment Claim Dismissed; Worker Knew of Injury Before Employer Did

Darcy Jensen, a module team builder for Amgen Inc., filed a workers’ comp claim as a result of health problems that she believed stemmed from exposure to laboratory animals. Several months later, the company discovered mold in the building where Jensen had worked. Jensen eventually sued Amgen under an exception to the workers’ compensation system […]

Pay-for-Performance—Is Management Willing?

Pay-for-Performance is the hot new approach to compensation, says expert Brooke Green; however, you shouldn’t attempt it if management isn’t willing to do its job in performance evaluation. Green, who is a principal at Hay Group, offered her tips at a recent webinar sponsored by HRHero/BLR. In yesterday’s Advisor, she suggested that HR managers ask […]

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 […]

Say what? Asking employees to take language classes

by Brad Cave Q: Will I be in violation of federal discrimination laws if I provide an “English as a second language” (ESL) employee English language training at the company’s expense? A Any possible discrimination charge under Title VII of the Civil Rights Act of 1964 would be based on national origin. The Equal Employment […]