Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Karen Davis
Sep 19 2017
Q&A  

Q&A: Don’t make any employment changes in light of DACA rescission

Question: I understand the Deferred Action for Childhood Arrivals (“DACA”) program was rescinded. One of our employees obtained work authorization through the DACA program. Do I need to fire her?

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Photo of Trish Leimbach
Sep 14 2017
Workers’ Comp  

Wage Replacement is Not a Start-Up Fund: Employee Faces Charges for Operating Insurance Business

Workers’ Comp exists for a good reason: to aid employees when they have been hurt on the job. It’s a type of insurance that protects not only employees, but employers. But like any type of insurance, it’s subject to fraud. In a recent case involving workers' comp, insurance was actually what helped bring charges…

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Photo of Karen Davis
Sep 07 2017
Wage and Hour  

Overtime rule that would have increased salaries of exempt workers is dead

It appears that the Obama-era overtime rule that would have nearly doubled the minimum salary for white-collar workers exempt from overtime is now completely dead, thanks to a court decision and a Department of Labor (DOL) legal filing. As we previously reported, a federal district court in Texas put a…

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Photo of Karen Davis
Sep 05 2017
Wage and Hour  

Alert: OMB revokes pay data portion of EEO-1 Report

To the relief of employers across the country, the Office of Management and Budget (OMB) has yanked approval for the controversial new pay data portion of the revised EEO-1 Report that would have taken effect in 2018. The OMB’s Office of Information and Regulatory Affairs informed the U.S. Equal Employment Opportunity…

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Photo of Jackie Marks
Aug 28 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Altering usual hiring process could lead to retaliation charge

Question: A former employee has reapplied for a job at our company. After she quit about three years ago, she filed a discrimination charge with the Equal Employment Opportunity Commission (EEOC). The charges were dismissed, but we don’t really want her back again. We don’t have to hire her, do we?

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Photo of Josephine Ko
Aug 24 2017
Harassment & Discrimination  

Objective layoff criteria fend off age discrimination claim in California

A California employer successfully defended itself against an age discrimination claim when it relied on objective reasons to implement a reduction in force (RIF). A 60-year old employee claimed that his hotel employer selected him for a RIF due to his age and that this violated California’s Fair Employment and Housing Act…

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Photo of Josephine Ko
Aug 17 2017
Wage and Hour  

California Forces Employers to Grapple With Complex Pay Equity Requirements

Passed in 2015 and amended in 2016, California’s Fair Pay Act (FPA) is one of the toughest laws of its kind in the nation. California employers face much greater obligations under the FPA than ever before. The FPA is a complex law that expanded an older law that had been around…

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Photo of Karen Davis
Aug 15 2017
Safety and Health  

Q&A: Make practical preparations for August 21 solar eclipse

Question: We’re going to allow our employees to watch the upcoming solar eclipse in our parking lot. We’ve purchased eclipse glasses for everyone. Can we require employees to sign a waiver of liability in order to participate? What else should we be thinking about in preparing for the eclipse?

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