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Obama to Appoint Controversial NLRB Nominee Craig Becker

On March 27, President Barack Obama announced his intent to use his constitutional power to make appointments while Congress is in recess to appoint Democrat Craig Becker to the National Labor Relations Board (NLRB). This is the first time the President has used recess appointments. Becker, a union attorney, has been a controversial nominee since […]

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.

Bill Would Require Reasonable Accommodations for Pregnancy

A new bill would require employers to provide reasonable accommodations for pregnant employees just as they do for those with disabilities. The Pregnant Workers Fairness Act, S. 3565, is modeled after the Americans with Disabilities Act and borrows some of its language. In the same way that ADA requires accommodations for workers with disabilities, it […]

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 […]

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 […]

Sexual Harassment: Judge Blasts San Francisco Housing Authority

A San Francisco trial judge has found that the San Francisco Housing Authority ignored repeated employee complaints of sexual harassment allegedly committed by a female supervisor. Both men and women reported that they had been subjected to inappropriate touching and invitations to view explicit material on a computer, and said the supervisor threatened their jobs […]

Discrimination: Do You Have Any Tips for Avoiding Discrimination Lawsuits?

Fortunately we haven’t been accused of discriminating against our employees or potential hires. But with all the lawsuits we’ve been reading about lately, we want to be proactive. Do you have any strategies or advice for preventing possible discrimination claims? —Kris R., HR Director, San Jose   Discrimination is a big—and often costly—issue faced by […]

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 […]