Archive for the "Employment Law" Category

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Inadvertently Defeating At-Will Employment

California Labor Code section 2922 provides: “An employment, having no specified term, may be terminated at the will of either party on notice to the other.”[1] Simple enough, right? Unless an there is an agreement that an employment relationship is going to exist for a specific period of time, the relationship is considered “at-will” and [...]

CA Court Rules That Employee Who Signed Arbitration Agreement Must Arbitrate Vacation Pay Dispute

May a former employee who has a dispute with his former employer about the amount of his vacation pay bring his claim to the California Labor Commissioner when the employee had signed an arbitration agreement as a condition of his employment with his past employer?  A California Court of Appeals has answered that question in [...]

COBRA Alert – New Rules & Changes From ARRA Stimulus Package

This “Lion” is causing business owners and HR departments to scramble to understand and comply with the massive changes in a very short period of time.
As a reminder, COBRA (Consolidated Omnibus Budget Reconciliation Act) is a federal regulation that is applicable to employers of 20 or more employees who offer a regular group medical plan. [...]

Sexual Harassment in the Work Place and What You Can Do About It

Sexual harassment can be defined by any unwanted sexual attention or unwanted behavior of a sexual nature. This does not mean the person perpetrating the act must physically touch you. It can be verbal or physical. Behaviors may range from very mild to very serious. It is illegal in almost all countries and can harm [...]

Swine Flu – How Will it Affect You Or Your Business?

Can an employee be excluded from the workplace with or without a confirmed diagnosis of swine flu?
The first concern of every business should be for the health and safety of their employees and customers. There are two health and safety aspects which an employer needs to address within the workplace namely:

Keeping employees informed about the [...]

Employment Law Basics for Hawaii Employers – Policies and Training for Prevention and Risk Reduction

It is well established now under federal Title VII law that an employer is liable for actionable sexual harassment caused by a supervisor with “immediate (or successively higher) authority over the employee.” However, in cases where the employee does not suffer a “tangible employment action,” such as discharge, demotion, or an unfavorable reassignment, there is [...]

Where to Go For Employment Law Advice

Employment law is a very complex area. Therefore, if you find yourself in a dispute with oyur employer, or an employee, it is vital that you seek professional legal advice.
If you need help and advice on the laws affecting employees and employers, then there are plenty of places to turn to. The following article examines [...]

Sexual Harassment – The 900lb Gorilla in the Room

Sexual harassment is yet another reason companies must immediately conduct supervisor training for staff. It is the 900lb gorilla in the room most companies would rather ignore, but it is not going away. This red hot issue must be dealt with, and the sooner the better.
An Illegal Act
The very first fact that supervisors must be [...]

Retaliation – A Supervisor’s Worst Nightmare

A vital part of your supervisors’ core training must include a detailed review of what constitutes retaliation. Retaliation is the result of a charge being made against a supervisor (hence organization), and now the employee who made the charge is treated differently than they were before the charge was brought. This is an illegal act.
The [...]

Employee Claims Lawyer – No Win No Pay!

Accidents at workplace can be prevented by following all the safety guidelines. It is the duty of employers to provide adequate training to all the employees. If an employee or worker is required to handle heavy machinery and equipments, he or she must be provided training. If an employee happens to meet with an accident [...]