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Employment Law

You’re not Dr. Phil! Resist temptation to label underperformers’ problems

07/23/2013
We all use psychological lingo to describe behavior we find annoying or disturbing. But when such terms are used in the workplace, that armchair analysis can create needless legal headaches.

Despite high-profile cases, class-action waivers still aren’t silver bullets in California

07/23/2013
For years, many California courts refused to enforce class-action waivers, exposing California businesses to class-action liability regardless of any agreement with employees or customers to forgo class litigation. The U.S. Supreme Court’s decision in AT&T Mobility v. Concepcion was supposed to change all that. It didn’t.

California court to decide key arbitration case

07/23/2013
In an important decision on whether employers can limit an employee’s access to an administrative hearing on wage claims, the California Supreme Court has ordered the parties to file supplemental briefs in light of a recent U.S. Supreme Court decision. In American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court confirmed its long-standing rule that arbitration clauses under the Federal Arbitration Act will be enforced.

7 do’s and don’ts to keep wage-and-hour lawsuits at bay

07/23/2013
During a recent 12-month period, more than 7,750 FLSA wage-and-hour lawsuits were filed in federal courts, an increase of almost 10% over the preceding 12 months. The good news: There are some simple ways for employers to re­­duce the risk of wage-and-hour suits.

FMLA: After DOMA ruling, employee’s residence matters

07/22/2013
If you’re an employer with operations in several states, some of which recognize same-sex marriage and some of which don’t, you may have wondered how the Supreme Court’s Defense of Marriage Act decision affects you. Now that attorneys have begun delving into the decision and the law, answers are emerging, particularly concerning the FMLA.

It’s legal to punish boss/employee harasser more harshly than harasser of co-workers

07/19/2013
Supervisors can and should be held to a higher standard when it comes to enforcing workplace rules. That in­­cludes punishing a supervisor who har­­asses a subordinate more harshly than a co-worker who harasses a colleague.

Must contractors still display union poster?

07/17/2013
Q. I understand that the rule requiring private employers to post a notice about employees’ union rights is dead and won’t become law. I may be considered a federal contractor and there is a provision in my contract about posting a notice of union-related rights. Am I free to ignore that?

Can an offer letter create liability?

07/17/2013
Q. Our company recently terminated a manager who had been with us for less than three months. He just seemed not to be the right fit. Now the former employee is threatening to sue, saying he left a good opportunity to take a job with us, based on our offer and what was said in the hiring process. We did use an offer letter, which stated that employment would be at-will and that the offer letter did not constitute a contract of employment. Do we have cause for concern?

What are the pitfalls of ‘double-breasting’ to win nonunion contracts?

07/17/2013
Q. We are a construction contractor. We work union, but increasingly find ourselves losing bids because we can’t compete with nonunion companies in certain industry segments. Can we just set up a separate operation to bid the nonunion work? I’ve heard that such “double-breasting” is common practice.

National origin, language & religion: Legally managing diversity at work

07/17/2013
To achieve compliance and prevent successful discrimination claims (which could involve class-action exposure), employers must be attuned to workplace issues around national origin, religion and race. For most employers, this means training management and HR personnel to carefully consider their policy-making and daily decisions that can affect such issues.