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This Week’s Changes to Federal Employment Laws

For the third week in a row, Congress and President Barack Obama have made changes to federal employment laws or regulations. First, it was the Lilly Ledbetter Fair Pay Act. The next week, President Obama signed executive orders affecting federal contractors and unions. And this week brings us the stimulus plan with changes to COBRA […]

Wage and Hour: Small Businesses Reeling from Minimum Wage Hike

According to a new survey, nearly 70 percent of small businesses say that they might have to raise their prices because of costs associated with the recent increase in the federal minimum wage, and 60 percent of small business owners predict they won’t be able to offset the cost of the wage increase.

News Notes: NLRB Ruling Makes It Harder To Withdraw Union Recognition

In an important ruling for unionized employers, the National Labor Relations Board has overturned 50 years of precedent and changed the rules for employers who wish to withdraw recognition of a union that may have lost majority support. Under the old rule, an employer could withdraw recognition based on a good-faith belief that the union […]

Can We Change Our Normal Retirement Age?

  Why is the Normal Retirement Age in defined benefit plans, like ours, usually age 65? Can we change our Normal Retirement Age? – Nancy C., Berkeley 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out the Guide to Employment Law for California Employers and get up to speed on everything […]

News Notes: High Court To Decide Whether HIV Is A Disability

The U.S. Supreme Court has agreed to resolve conflicting lower court decisions about whether people who are HIV-positive, but don’t have any AIDS symptoms, automatically qualify as disabled under the Americans with Disabilities Act. The case, which involved the part of the law dealing with discrimination in public accommodations, arose when a dentist refused to […]

Employee Lawsuits: The Latest Legal Risk When A Disabled Employee Wants To Return To Work; How To Avoid Getting Sued

It’s important to be extra careful when evaluating the abilities of an employee who was previously injured and wants to come back to work. Unless you carefully consider the individual’s current skills and recent medical reports, deciding that the worker can’t perform certain tasks can expose you to an expensive discrimination lawsuit for erroneously regarding […]

Hiring Independent Contractors: New Case Says Contractor’s Employees Can’t Sue You For On-The-Job Injuries, But Caution Still Required

If an employee of a contractor you’ve hired gets injured on the job, the person can seek workers’ comp benefits from the contractor. But can the worker also come after you with a lawsuit for damages—arguing that you put them at risk by not ensuring that the contractor was competent to perform the work? The […]

Curbing FMLA Abuse

Ask most HR managers what their biggest headache is, and about 90 percent say “FMLA.” From eligibility to notifications to managing intermittent leave, it’s an ever-present problem.

Contractors Must Implement Hiring Goals for Workers With Disabilities, Veterans

Federal contractors and subcontractors must soon meet a hiring goal for workers with disabilities, the U.S. Department of Labor announced Aug. 27. New regulations have been finalized that will, among other things, require contractors to ensure that workers with disabilities make up 7 percent of their workforces. In addition to the hiring goal, the rules require that […]

EEOC Nets More than $100 Million in FY 2011 For Plaintiffs Alleging Disability Discrimination

It pays to stay off the  Equal Employment Opportunity Commission’s enforcement radar. Employers paid more than $100 million in fiscal 2011 to resolve disability discrimination claims enforced by the civil rights agency, it’s annual annual statistical summary. Payouts to workers alleging violations of the Americans with Disabilities Act produced the highest increase in monetary relief […]