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Dispute Resolution: What Are Your Recommendations Concerning Arbitration Agreements?

I’m tasked with making a recommendation concerning arbitration agreements for our employees. My questions are: Do you recommend these agreements? For all employees? How do we go about establishing this for new and current employees? Any particular pitfalls to watch out for? — Elaine, HR Specialist in Encino   The typical employee arbitration agreement requires […]

Unions: NLRB Cuts Back on Salting

The new decision focused on the union organizing practice known as “salting”—whereby unions send individuals to apply for jobs with the ultimate purpose of organizing the company from within. The NLRB said that although some union salts may genuinely desire to work for a nonunion employer and to proselytize co-workers on behalf of a union, […]

Telecommuting Not Required for Worker With Chemical Sensitivity

While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]

Job-Share Solution Solves Succession Situation

It’s been a family business for generations (and generations). The son has been waiting to run the organization—forever—but the CEO has been unwilling to give up any power until now. Could a job-share solution solve a sticky wicket of a succession situation? Could be, according to reports from the U.K., where Charles, Prince of Wales, […]

Employer’s Right to Reduce Pension Benefits

By Lyne Duhaime In most Canadian jurisdictions, employers are limited in retroactively reducing pension benefits. The Quebec Superior Court recently considered employers’ rights in this regard in Synertech Moulded Products, Division of Old Castle Buildings v. Tribunal Administratif du Québec et al. The court ordered the Quebec Regulator to register pension amendments proposed by the […]

Stereotypes Are Alive and Well

We are beyond the day when an employer could evaluate employees by assuming or insisting that they matched the stereotypes associated with their group. — U.S. Supreme Court Price Waterhouse Facts Brenna Lewis started working for Heartland Inns, a small hotel chain, in July 2005. She mainly worked as a night-shift auditor, and in the […]

NLRB Member Resigns Amid Leak Allegations

The National Labor Relations Board (NLRB), which risked losing a quorum just a few months ago, is losing one of its two Republican members. Terence Flynn, who joined the NLRB in January, submitted his resignation on May 26. The resignation is to be effective July 24, but Flynn already has recused himself from all agency […]

Outlook for 2013 and Beyond: EEOC, DOL … and You

Special from the Advanced Employment Issues Symposium, Las Vegas Sweeping developments at DOL and EEOC took top billing at the Employment Law Outlook panel which kicked off the Advanced Employment Issues Symposium in Las Vegas. Panelists included Susan Webman, Of Counsel with FortneyScott in Washington, DC; John Husband, senior partner with Holland & Hart in […]

NFL lockout hits pay dirt with employment lessons

By Michael P. Maslanka Editor’s note: Fall is here, and for a lot of die-hard fans, that means just one thing — it’s football season. But the first three weeks of this football season were marred by a referee lockout that meant a lot of bad calls and missed penalties by the replacements. Many commentators […]

Less Employee Compensation Going to Wages

The share of employee compensation going to health benefits has risen substantially, while the share for wages has fallen, according to the Kaiser Family Foundation, a Menlo Park-headquartered nonprofit health policy organization. Kaiser’s Health Care Costs Snapshot report, “Wages and Benefits: A Long-Term View,” explains that health insurance premiums rose 78 percent between 2001 and […]