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News Notes: Worker With No Desk And No Duties Can Sue For Age Bias

Although many employers don’t realize it, you can be sued for wrongful termination even if the person quit instead of being fired. That’s because employees can claim they were ‘constructively discharged’ when working conditions become so intolerable that a reasonable person would be compelled to quit. In one recent case, a 56-year-old country club secretary, […]

Hours of Service Limits Retained for Truckers

The Federal Motor Carrier Safety Administration (FMCSA) has issued an interim final rule that will continue to limit truckers to driving only 11 hours within a 14-hour duty period, after which they must go off duty for at least 10 hours. The interim rule was issued in response to a recent federal appeals court decision […]

Tips to Navigating the Hiring of Family and Friends

It’s frequent in companies of all sizes—but especially for privately held companies—for owners or managers to hire friends and family. In previous posts, we discussed some reasons for this and also talked about some of the dangers of nepotism in the workplace.

Tips on FLSA’s Training Rules Can Help Employers Avoid Trips to Court

Many employers get sued for failing to properly administer compensable time — including the requirement that generally, employers must pay employees for time spent in training programs, meetings or similar activities. So to avoid costly litigation or enforcement challenges, an employer needs to understand — and correctly apply —the Fair Labor Standards Act’s basic criteria […]

Benefits: DOL Proposes Rules Clarifying COBRA Notice Requirements; What You Need to Know

For the first time since 1986, the U.S. Department of Labor has proposed new rules affecting the COBRA notice requirements. COBRA rules affect individuals’ rights to continue group health coverage under certain circumstances. For employers the consequences for not giving written notice in accordance with COBRA rules can be steep, including having to pay an […]

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We’re pleased to announce that, starting today, we’re launching a new daily email service, California Employer Daily … ERI’s FREE daily source of tips, news, and advice for California employers and HR professionals.

News Notes: Nonmembers Can’t Be Forced to Pay for Union Organizing

A long-standing ruling by the National Labor Relations Board permitted unions to charge workers who were not union members fees that were used in organizing efforts in other workplaces. The rationale behind the rule was that nonunion workers derived a benefit from organizing efforts elsewhere because nonunion employers in the area would be forced to […]

News Notes: Employer Hit For Not Paying Overtime

A San Diego trial court has awarded $135,838-including a whopping $88,360 in attorney’s fees-to an employee of ATC Distribution Group Inc. who claimed he was improperly denied overtime while working as an assistant manager and interim manager. The employee, who typically worked more than eight hours a day, charged he was misclassified as exempt from […]