Practical HR Tips, News & Advice. Updated Daily.
New developments signal a growing trend toward restricting the use of mandatory arbitration. The California Supreme Court recently decided a case involving charges that the Kaiser Permanente Medical Group misrepresented the fairness of its mandatory arbitration system for medical malpractice claims. The Supreme Court issued a strong directive to lower courts to ensure that private […]
A court has rejected a bid by labor groups to block the Industrial Welfare Commission’s recent changes to California’s overtime laws, set to take effect January 1. Unless overturned by a higher court, this latest development clears the way for overtime to be required only after 40 hours in a week rather than after eight […]
When employees are fired or quit under difficult circumstances, they may try to take confidential papers you didn’t intend them to have or see. And if they later sue you for wrongful termination or other employment-related matters, the ex-employees may try to use the records against you. But a new court ruling, along with some […]
When the Americans with Disabilities Act was passed in 1992, the initial questions focused on how to reasonably accommodate disabled workers. But there is another sticky problem that has been surfacing more recently: just who is entitled to ADA protection? You might be surprised to discover that the answer is broader than you think. Even […]
Suppose an employee shows up for work with slurred speech or is acting strangely. If you have a policy giving you the right to request a drug test when you have good cause to believe the person is under the influence, you might demand that the employee submit to a urinalysis. But be careful-a […]
E-mail has fast become an efficient and popular way of communicating in the workplace. But it has also raised legal issues for employers, ranging from privacy problems to possible liability for harassment when employees use e-mail to send off-color messages. Now there’s a new concern: if an employee sends an e-mail message criticizing your personnel […]
Have your employees become discontent, asked for higher pay and better benefits or grumbled about recent management changes? If so, beware-it’s these workers who are most likely to become interested in forming a union. And if this happens, it’s critical that you know exactly what the law allows you to do in response to their […]
Your employee handbooks and manuals probably state that the policies are not intended to create a contract and are subject to change. This is a common provision employers use to maintain the flexibility to modify their personnel practices and procedures. But now, in a recent case many employers will find startling, one company learned this […]
Same-sex harassment is illegal under California law if the harassment is “because of” a person’s gender. The concept is easy to apply when the perpetrator and the victim are gays or lesbians of the same gender. But is crude behavior by a heterosexual employee against someone of the same gender-such as making sexually explicit jokes […]
Even though employee lawsuits are skyrocketing, most employers don’t carry insurance for employment practices liability, according to a report by Aon Risk Services, an insurance brokerage. Of 2,200 employers from various industries surveyed, 61% said they don’t have insurance. Nevertheless, three-quarters of the respondents reported being hit by an employee lawsuit within the past year.