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Another shot across the bow: NLRB challenges ‘at-will’ statements

by Jeff Hurt Nonunion employers must be scratching their collective heads over the recent shelling they’ve been getting as the National Labor Relations Board (NLRB) seeks to make union organizing easier: proposed labor law posting requirements, “quickie” election rules, and strict limitations on employer social media policies. While some of those initiatives are on hold, […]

Employment Law Tip: Adopting a Safe Driving Program

If you have employees who drive motor vehicles for work purposes, it’s important to take a close look at whether you’re doing all you can to ensure employees drive safely and avoid accidents—and your best bet is to implement a comprehensive driver safety program. According to the U.S. Occupational Safety and Health Administration (OSHA), an […]

Mandatory Arbitration: Ninth Circuit Tosses Out One-Sided Agreement

Last year, the U.S. Supreme Court approved the use of mandatory arbitration agreements for employment disputes in a lawsuit brought by a Circuit City employee. But now the Ninth Circuit, after taking a second look at the arbitration provisions in that case, has tossed out the agreement, ruling that it was unduly lopsided and didn’t […]

News Notes: EEOC Proposes Update of EEO-1 Reporting Rules

The Equal Employment Opportunity Commission has proposed changes to the EEO-1 form, which must be filed annually by private employers with 100 or more employees and some federal contractors with 50 or more employees. The changes would increase the number of categories for reporting racial and ethnic background and split the existing “officers and managers” […]

News Notes: Can Union Contracts Bar Discrimination Lawsuits?

Mandatory arbitration of employment disputes continues to be controversial. One unresolved issue has been whether union contracts can require workers to arbitrate all employment disputes. The U.S. Supreme Court has now agreed to rule on this question.11 Although arbitration clauses for various workplace disputes have been used for years in union contracts, courts have disagreed […]

Supreme Court Raises Bar for Class Actions

In a ruling that will make it more difficult for employees to mount massive class action lawsuits against employers, the U.S. Supreme Court has reversed class certification previously granted to 1.5 million female Wal-Mart employees alleging sex discrimination against the retail chain. Overturning a 9th U.S. Circuit Court of Appeals opinion, the Court found that […]

EEOC Issues Final GINA Regs

Final regulations implementing the employment provisions (Title II) of the Genetic Information Non-Discrimination Act (GINA) were issued today by the U.S. Equal Employment Opportunity Commission (EEOC). GINA prohibits employers from discriminating against employees or applicants on the basis of genetic information about the employee, applicant, or their family members.

Ergonomics: CAL/OSHA Considering Petition To Alter Ergonomics Rule

On February 20, 2003, the California Occupational Safety and Health Standards Board held a public meeting to consider a petition filed by the California Labor Federation to alter the requirements of the state’s ergonomic rule. At the meeting, the standards board voted to convene an advisory committee to consider the petition, which seeks to drop […]

News Notes: Recruiter Wins Big In Bias Case

An Orange County jury has ordered Hyundai Electronics America Inc. to pay nearly $10 million to an executive recruiter who claimed his rights were violated. Technical Resources owner Jeffrey Abraham claimed that Hyundai told him not to refer black or female candidates to the company’s Oregon semiconductor plant because Korean managers there didn’t want to […]

E-Alert Item: High Court Won’t Review Vegan’s Case

In the November 2002 article, we reported on a California appeals court ruling that veganism–which is the refusal to eat and use any animal products–doesn’t qualify as a religion under state workplace discrimination laws. Now the California Supreme Court has refused the vegan’s plea to review the appellate court’s decision. As a result of the […]