Modifying an Arbitration Agreement Is No Picnic
The California Court of Appeal recently provided guidance on how to modify employment arbitration agreements. Here’s a takeaway analysis of the court’s decision and what it means for you.
Tag: California Employer Advisor
Can You Enforce a Policy That Hasn’t Officially Been Changed Yet?
We recently received the following question from a California Employer Advisor subscriber: We have a policy we’re planning to change. We told the affected employees that we will be handling the issue a particular way, but we didn’t explicitly tell them that the new practice is contrary to what is in the handbook, or that […]
Wal-Mart Class Action Update: Great News for Employers
In a very positive development for employers, the U.S. Supreme Court has unanimously dismissed the massive class action lawsuit against Wal-Mart. The lawsuit claimed that the organization systematically paid women less and did not provide equal opportunity for advancement.
Ho Ho Ho…liday Lawsuit? 3 Tips To Protect Yourself
In a recent article for our premium service, California Employer Advisor, we offered 11 tips for employers to limit liability when hosting a company holiday party. In this post, we offer you 3 of those tips to keep your event sane and safe and liability-free.
California Supreme Court Resolves KinCare Issue
As every California employer knows, our state’s employment laws are unique. One unique feature is the KinCare law — which permits employees to use some of their accrued paid sick leave to care for ill family members. Sick leave that is used by an employee under the KinCare law cannot be counted against the employee […]
Court Clarifies Standards for Mixed-Motive Claims
“Mixed-motive” discrimination claims are among the most confusing kinds of employment cases. A mixed-motive bias claim occurs when an employee alleges that bias was one of the reasons that the employee was terminated or suffered some other kind of adverse employment action. In these cases, the employer asserts that there was a legitimate reason for […]
Invalid Contract Can’t Prevent $615,000 Judgment
In recent years, employers’ attorneys have been recommending “limitations on claims” provisions in employment contracts and employee handbooks. These provisions usually state that employees must bring all claims they may have against their employer within six months or a year of discovering a problem. These provisions are designed to limit employees to a shorter period […]
Employer’s Free Speech Rights Upheld
The Ninth Circuit Court of Appeals issued an opinion this week denying the application of the National Labor Relations Board (NLRB) to have eight employees of the Santa Barbara News-Press, who were fired for engaging in union activity, reinstated.
PIPs + Progressive Discipline = Caution Required
Performance Improvement Plans — or PIPs — have become a common part of progressive discipline programs. After an initial verbal counseling, many employers use formal PIPs to set specific goals for employee improvement, and to document employee progress or lack of progress in relation to future discipline.
New COBRA Notices You Must Use by 2/17
The American Recovery and Reinvestment Act of 2009 (ARRA) was enacted in February 2009. Among other things, the ARRA provides a COBRA premium subsidy for employees who are laid off or terminated. The subsidy requires employers to pay for 65 percent of a separated employee’s COBRA premium, which the federal government then reimburses to employers.