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Arizona: Employment Legislation Pushed Aside

by Dinita L. James, Ford & Harrison LLP Arizona voters surfed the national Republican wave, flip-flopping the party affiliation of its U.S. House delegation, putting every statewide office in Republican hands, and likely giving the GOP a supermajority in the Arizona Legislature when final vote tallies are in. The election results are sure to lead […]

Employee Internet Use: How To Guard Against New Online Risks-From Copyright Violations To Sexual Harassment

An employee has been copying pornographic images off the Internet and showing them to co-workers. Another has been using company e-mail to distribute racist jokes. And several others have downloaded some hot new software onto their office PCs-violating federal copyright laws. It’s bad enough these employees are surfing the Net instead of working. But you […]

News Notes: Worker Lawfully Terminated Following Violation Of Last-Chance Agreement

Last month we reported on how you can use a last-chance agreement to give employees with substance abuse problems one more opportunity to improve before being terminated. Now a California Court of Appeal has upheld the termination of a worker who violated a similar agreement. Thomas Robison, a refuse collector for the city of Manteca, […]

Utah: Compromise, Cooler Heads Will Prevail

by Darryl J. Lee, Wood Jenkins LLC Utah sends all of its incumbents back to the U.S. Congress, together with a new Tea Party constitutionalist, Republican Mike Lee, who easily won the open U.S. Senate seat vacated by Bob Bennett. (Bennett couldn’t make it out of Utah’s Republican caucus.) Jim Matheson, Utah’s one Democratic congressman, […]

Personnel Records: Court Rules Departing Employees Can’t Take Confidential Documents; How To Maintain Control Of Your Records

When employees are fired or quit under difficult circumstances, they may try to take confidential papers you didn’t intend them to have or see. And if they later sue you for wrongful termination or other employment-related matters, the ex-employees may try to use the records against you. But a new court ruling, along with some […]

DOL Issues Final Rule Extending Fee Disclosure Timetable

It’s now official: The effective dates regarding fiduciary and participant fee disclosure regulations for retirement plans have been extended. The U.S. Department of Labor (DOL) has issued a final rule (which becomes effective July 15) providing that: Fiduciary-level Fee Disclosure Regulation: The effective date for the interim final rule is extended from July 16, 2011, […]

Two Rules for Smart Hiring

Hiring even one new employee invokes no fewer than seven federal laws and several state laws as well, says attorney Stephen R. Woods. How does an employer navigate this legal minefield? Woods, a shareholder with the national law firm of Ogletree Deakins, offered two tips at a recent BLR Employment Law Update conference in Las […]

EEOC has a banner year

by Edward Sisson The Equal Employment Opportunity Commission (EEOC) was very busy in fiscal year (FY) 2012. The agency reported that it finished the year with record-high monetary recoveries for victims of discrimination. Historic monetary recoveries The EEOC issued its first Performance and Accountability Report compiled under the standards of its new Strategic Plan, which […]

IRS Issues New COBRA Guidance for Employers

Update Dec. 16: House Passes COBRA Subsidy Extension and Expansion The IRS has issued guidance on the COBRA premium assistance or subsidy provisions of the economic stimulus bill recently passed in Congress. Under the provisions, eligible employees who were involuntarily terminated from their jobs between September 1, 2008, and December 31, 2009, and their qualified […]