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Beauty and the Best

We have eliminated many forms of workplace discrimination and made great strides toward erasing others, says attorney Mark Schickman. Nonetheless, one form of discrimination—“Beauty Bias,” as coined by Stanford law professor Deborah Rhode—remains alive, well, and possibly inherent in the human condition.

NCAA rules limiting payments to college athletes may violate antitrust laws

by Nancy Williams Certain NCAA rules designed to ensure “amateur status” of student athletes may violate federal antitrust laws, according to a decision of the U.S. 9th Circuit Court of Appeals. The ruling came in a case filed by Ed O’Bannon, a former All-American basketball player at UCLA. O’Bannon discovered that his name, likeness, and […]

New Law Addresses Mental Health Coverage Parity

Among the add-ons to the $700 billion financial rescue package that Congress recently passed was a measure that will affect many employers whose health plans offer mental health benefits. The Paul Wellstone-Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 builds on and closes employer-friendly loopholes in the limited mental health parity measure […]

Employment Law Tip: Maintaining an At-Will Relationship

If you’re like many California employers, your employee handbook contains a statement that employment is at-will, meaning that employees can be fired for any reason or no reason at all, providing the termination does not violate state or federal law. But have you checked your handbook to be sure it doesn’t contain provisions that undermine […]

Exempt Workers: How To Tell When You Have To Pay Overtime To Outside Sales Employees; New Decision Clarifies The Rules

After selling and delivering bottled water for more than three years, Peter Ramirez quit his job and sued his employer, Yosemite Water Company, for back overtime. His lawsuit, which went all the way to the California Supreme Court, highlights how difficult it can be to determine whether or not outside sales personnel qualify as exempt […]

Tip Eight: Transfer the Employee

–Transfer the employee to a position where absences are less disruptive. The law permits this, as long as pay and benefits remain equivalent to the previous job. Go to Tip Nine

Tips for Engaged Older Workers

Recently we began to explore ways to keep older workers engaged so they are more likely to stay at your company. Today we’ll explore a few more tips for keeping them engaged, including reduced schedules, additional training, and reducing age discrimination.

California Court OKs New Way to Bring Bias Suits

A California appeals court has ruled that an employee who claimed he was the victim of workplace bias and violence can sue his employer under California Civil Code sections 51.7 (the Ralph Civil Rights Act) and 52.1 (Bane Civil Rights Act), which provide individual protections against discriminatory violence and denial of civil rights by means […]

Employment Law Tip: EEO-1 Deadline Nearing; Are You Ready?

If your company is required to file an annual EEO-1 Form with the Equal Employment Opportunity Commission (EEOC), take note that the deadline is September 30, 2007. This year, employers must use the new and revamped version of the form (Standard Form 100, rev. 1/06). The EEO-1 report must be filed annually by employers with […]

Supreme Court to Decide Key Employment Issues in 2010

Before each term, the U.S. Supreme Court identifies the cases it will hear in that term. While the Court has identified only three cases directly involving claims under various federal labor and employment statutes, in an additional four cases, the Court’s decisions are likely to have a significant effect on the rights and practices of […]