Tag: qualifications

Unions: Workers’ Weingarten Rights Are Expanded; What You Need to Know About Representation During Investigations

Under the U.S. Supreme Court’s 1975 Weingarten rule, employees have the right to have a union representative present at any investigatory meeting they reasonably believe could result in disciplinary action. In a 2001 case, the National Labor Relations Board (NLRB) further clarified employees’ Weingarten rights by ruling that employees have the right to a representative […]

Hiring Employees: EEOC Proposes Definition of Applicant for E-Cruiting Purposes; Part 2: How to Standardize Your Application Procedures and Retain the Right Records

As we reported last month, the Equal Employment Opportunity Commission (EEOC) is tackling a vexing problem that’s a sign of the times—defining who, among all those who contact you over the Internet or via other electronic technology about work, is a true job applicant for purposes of complying with your federal recordkeeping requirements. The EEOC, […]

Terminating Employees: New Legislation Protects Higher-Paid Older Workers; How To Cut Costs Without Breaking The Law

In a controversial ruling two years ago, a California Court of Appeal ruled that you could discharge high-earning employees over age 40 and replace them with lower-paid workers if your motivation was simply to save money. Labor organizations have sought to overturn the decision ever since, and now Governor Davis has signed legislation that does […]