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 […]

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.

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.

From the CEA Mailbag: Are Paid Birthdays Off the Same as Vacation?

A California Employer Advisor reader asks: Our company policy gives employees their actual birthday off with pay. A birthday that falls on a Saturday, Sunday, or holiday will be taken on the preceding or following workday. Subject to a supervisor’s approval, employees may take another day off, but it must be within one week of […]

Stimulus COBRA Subsidy: New Notices Every Employer Must Use

The new stimulus package, called the American Recovery and Reinvestment Act of 2009 (ARRA), provides COBRA subsidies for certain employees terminated or laid off between September 1, 2008 and December 31, 2009. The subsidy reduces an employee’s COBRA premium by 65% for up to nine months, provided that the employee meets the eligibility requirements. Last […]