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Hawaii

Free speech on trial: California cops have tough time pressing First Amendment claims

08/26/2009

Public employees retain the right to free speech under the First Amendment and can’t be punished for exercising that right. However, the right is limited when the “speech” they’re using is part of their jobs. The 9th Circuit Court of Appeals has recently concluded that for California police officers, free speech protection may be even more limited.

Document reason for termination to make sure courts don’t second-guess your decision

08/26/2009

If you have to fire an employee, don’t worry that a court is just waiting to second-guess why you did so. The fact is, courts are reluctant to question your reasons as long as you can convince them the reasons were honest, even if in retrospect they may seem baseless or even foolish. They don’t want to become a national HR department.

Federal HR pros, take note: Bias complainers may contact any EEO officer to press claims

08/26/2009

Federal employees have special rules they have to follow in order to sue their employers for discrimination. One of these requirements is to contact an Equal Employment Opportunity “counselor” within 45 days of the alleged discriminatory act. The 9th Circuit has concluded that employees don’t have to contact the individual their employer has designated as the EEO counselor …

When labor, immigration laws clash, NLRB decides

07/17/2009

The Department of Homeland Security has authorized more raids on workplaces it suspects include undocumented workers—and employers, not the workers, are being charged with breaking the law. At the same time, the NLRB is pushing employers to settle unfair labor practice cases and ordering them to rehire employees terminated for exercising National Labor Relations Act rights. But what happens when those fired workers are actually ineligible to work?

Caution before offering ‘retire or be fired’

06/26/2009

Here’s something to keep in mind when you are tempted to give an employee a choice between termination and early retirement: He may allege that the retirement option was really a constructive discharge.

Make sure all medical tests you require are truly job-related and necessary

03/20/2009

Watch out! Some tests you use to see whether employees or applicants are suitable for a job could screen out individuals with disabilities. You could wind up in court defending against an ADA claim.

9th Circuit will rehear massive Wal-Mart class-action sex discrimination case

03/20/2009

The 9th Circuit Court of Appeals has agreed to reconsider whether an enormous sex discrimination lawsuit filed against Wal-Mart will proceed as a class-action case.

Maritime arbitration agreements enforceable, trump California law

01/15/2009

The 9th Circuit Court of Appeals had ruled that cruise lines and the unions who negotiate labor contracts on behalf of the “seamen” who work on cruise ships can agree that all disputes go to arbitration, and that employment contracts that include arbitration clauses are enforceable.

Consider all possible costs when determining whether arbitration will save you money

12/24/2008

When it comes to reducing the time and expense of litigation, be careful what you wish for. Attorneys often advise employers to consider adopting arbitration clauses to settle employment disputes. With arbitration, no jury is involved; the case stays out of court; there’s no bad publicity; and it may be cheaper—or maybe not.

No ERISA benefits if employees aren’t on the payroll

12/24/2008

Now is a good time to review the eligibility requirements for your health and welfare benefits plans. If you word them correctly, you can exclude people who work for the company under third-party contracts …