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NLRB Adopts Controversial Election Procedures Rule

On December 21, the National Labor Relations Board (NLRB) announced the adoption of a final rule that is expected to allow quicker union representation elections. The rule was published in the Federal Register on December 22. The rule, which is to take effect on April 30, 2012, is a scaled down version of amendments proposed […]

Fake ‘Labor Commissioner’ Gets 16 Months in Prison

An Alhambra man who posed as a California deputy labor commissioner in an alleged attempt to extort money from his former employer, Temple City-based Jayco Acceptance Corp., has been sentenced to 16 months in prison after entering a plea of no contest to charges of obtaining funds through false pretenses. Representing himself to be the […]

News Notes: Big Verdict Affirmed in Race-Bias Case

The Ninth Circuit Court of Appeals has affirmed a $3.1 million verdict, including a $2.6 million punitive damage award, for an executive who claimed he was discriminated against and fired because of his Chinese nationality and ethnicity. Wei Zhang, who before coming to the United States was a business and economics professor in China, was […]

Look for Workers’ Traits, Not How They Got Them

My column last week was about traits many athletes possess that I believe can make them good employees — competitiveness, teamwork, dedication, and resilience. Some helpful questions and suggestions from readers led me to think I should probably clarify the thought that I was trying to convey. If you recall, last week I mentioned that […]

Who’s Working for You – And In What Capacity?

Yesterday, we reviewed the first 5 factors of the “Borello test,” which California courts use to determine whether a worker is an employee or an independent contractor (click here for yesterday’s issue). Today, we’ll look at the remaining 6 factors and tell you about a wage/hour resource you won’t want to be without. 

HOT LIST: BusinessWeek’s Paperback Bestseller List

BusinessWeek ranks paperback business books that are the most recent bestsellers and provides a short summary. 1. Blink: The Power of Thinking Without Thinking. Author Malcolm Gladwell says snap judgments deserve careful consideration. 2. The World Is Flat 3.0: A Brief History of the Twenty-first Century. Author Thomas L. Friedman says globalization is great — […]

Thanksgiving Brings Workplace Family Responsibilities Concerns … and Lawsuits!

This year, while you’re thinking about families, think about the Workplace Family Responsibilities movement too. Thanksgiving is traditionally a time of emphasis on the family, and for recalling that wonderful Norman Rockwell painting of several generations of a family, healthy and at leisure, sharing turkey and all the trimmings. The real picture of family life […]

Is Obesity a Disability? Jury’s Still Out, but It’s a Serious Matter

Even though there’s no definitive rule on whether obesity is a disability under the amended, more employee-friendly Americans with Disabilities Act (ADA), you should be careful about how you treat overweight and obese employees. One in every three Americans age 20 and up was obese between 2007 and 2008, and about the same percentage was […]

How Can Wage/Hour Bring Us Down? How Hard Is It?

Yesterday’s Advisor featured common—and egregious—wage/hour missteps; today, four more, plus an introduction to the simple-to-use, popular guide that answers all your FLSA questions. [Go here for failures 1 to 3] 4. Providing inaccurate or falsified payroll records to the government Obviously, providing falsified records is not a wise practice. However, many submitted records are merely […]