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California

Asked to settle union election challenge, 9th Circuit punts it back to NLRB

08/23/2010

In a recent article, we explain how the National Labor Relations Board (NLRB) is struggling to clear a backlog of cases after a huge Supreme Court decision invalidating many prior decisions. Now the 9th Circuit Court of Appeals has added to the NLRB’s burden by kicking a case back to the board rather than deciding it in court.

Beware retaliation lawsuit if you act against employee who challenges ADA compliance

08/23/2010
You may not realize that employees can sue for retaliation if they’re punished for taking action to enforce the ADA against another organization. If the employee can show the action led to the punishment, he has a case.

Call lawyer before considering anything like a noncompete–even a gentlemen’s agreement

08/23/2010

California lawmakers—and courts—don’t like noncompete agreements because they limit employee mobility and career growth. Most employers understand that they can’t enforce such agreements if an employee leaves. But what about an informal “gentlemen’s agreement” between competitors to refrain from hiring employees who signed agreements?

California cities rated among best for working mothers

08/23/2010
Six California metropolitan areas ranked in the top 50 on Forbes magazine’s 2010 list of the nation’s best cities for working mothers. Forbes rated the cities against criteria that considered women’s income, cost of living, availability of pediatricians, safety, employment opportunities and spending on education.

Can you prove malice behind union claims?

08/23/2010

These days, unions are using tough tactics, including targeting nonunion employers with postcard campaigns that urge the public to boycott nonunion products and services. Some of those mailings may be misleading—or flat-out lies. You could sue for defamation, but that’s an uphill battle …

Have lawyer review California wage statements

08/23/2010

California is a great state—for employees who want to sue their employers. Even the wage statements employees get with their paychecks can lead to lawsuits. Advice: Have your attorney take a look at those pay stubs to make sure they comply with California wage-and-hour laws.

What elements need to be included in a claims waiver associated with a severance agreement?

08/23/2010
Q. We are considering providing an enhanced severance package to a group of employees if they agree to waive all potential claims against the company, including age discrimination claims. Are there any specific steps we need to take in connection with these releases?

How much can tip credits offset our minimum wage obligations?

07/20/2010
Q. We have always paid our waiters less than the minimum wage because of the tips they earn. Are we permitted to count tips as part of the minimum wage as long as we notify our employees of this practice and their actual tips equal or exceed the tip credit?

What are our obligations for notifying workers and government officials about a big layoff?

07/20/2010
Q. Due to the economy, we are considering shutting down our business. Are we required to give advanced notice to our employees?

How can we manage conflicting vacation requests?

07/20/2010
Q. We are a small company. Two of our employees in the same department have asked to take vacation at the same time. We’re afraid that we will be short-staffed if both employees are out at the same time. Can we institute a policy preventing employees from being out simultaneously?