|
|
 |
NLRA:
NLRB upholds at-will clauses;
What makes a disclaimer lawful?
February 2013
Most employment relationships these days are at-will, and employers have increasingly gone so far as to include at-will clauses in their employee handbooks to drive the point home. Unfortunately, these commonplace statements have, as the National Labor Relations Board (NLRB) put it in a press release, "drawn considerable attention recently." . . .
more
|
Social media:
Update on social media and the NLRA; 3 notable rulings
January 2013
The past two years have seen a flurry of guidance from the National Labor Relations Board (NLRB) on the interplay between social media and the National Labor Relations Act (NLRA). Three NLRB reports, as well as various complaints filed against employers, have focused largely on employer discipline for social media activity and the legality of employers' social media policies under the NLRA. . . .
more
|
Featured Resource: 4 limits on 'at-will' employment
December 2012
"Why can't I just fire him? He's at will!" What HR manager hasn't heard that refrain? It's true that, in most organizations, many employees are "at will"--they're hired for no specific time period, with no contractual relationship, and either party can terminate employment, for any or no reason, with or without notice, unless specifically prohibited by law. . . .
more
|
WARN Act:
Workers Must Receive 60 Days' Notice--Even If They Quit Before the Impending Shutdown
April 2011
Employers undergoing dramatic changes like plant closings, major layoffs, or relocations have a lot to deal with--including the requirement that they provide 60 days' notice to affected employees. The notice laws provide some exceptions, but a recent ruling by the Ninth Circuit Court of Appeals, which covers California, suggests that when in doubt, it's best to err on the side of giving notice. . . .
more
|
Featured Resource: Checklist for WARN Act Notices
April 2011
If you're closing or relocating a plant, or doing a group layoff, you must provide written notice to employees that complies with both the state and federal WARN Act requirements. You can use the checklist below to make sure you give the right information to the right parties. . . .
more
|
New email option available for WARN notices
January 2011
Employers now have the option of submitting Worker Adjustment and Retraining Notification (WARN) Act notices to the Employment Development Department (EDD) via email. You can send your WARN notices to . . .
more
|
ERISA:
Transfer to Lesser Job Entitles Employee to Severance
Benefits; How to Avoid the Employer's Missteps
August 2010
When you hear a reference to "ERISA" (the federal Employee Retirement Income Security Act), it typically brings to mind employee retirement and insurance plans. But, as one employer was reminded by the Ninth Circuit Court of Appeals, which includes California, it also applies to severance plans. This means you need to be careful when denying benefits under severance plans or risk costly federal litigation and reversal by a court. . . .
more
|
News Note: DOL Investigates Furloughs of California State Workers
December 2009
The U.S. Department of Labor (DOL) has begun an investigation into whether California's furloughing of state employees is having a negative impact on the amount of total unemployment benefits available to all out-of-work California employees. This issue has arisen because . . .
more
|
Terminations:
One Company's Costly Ball Drop; How to Keep
Your RIF Decisions from Appearing Biased
November 2009
No employer enjoys having to decide which employees to lay off when a reduction in force (RIF) becomes necessary, especially because employers must be careful to make sure that RIF decisions are unbiased. Although pre-layoff performance evaluation programs can help with the process, these can create the appearance of bias if they're not carefully administered and monitored--as one employer recently learned the hard way. . . .
more
|
Terminations:
Special Rules for Older Employees
October 2009
Severance agreements are a great way to protect your company against lawsuits brought by former employees, whether they're leaving because of a layoff, termination, or resignation. However, special rules apply to severance agreements presented to employees age 40 or over . . .
more
|
|
|
|
|
About This Site
