4 Key Questions to Ask When Interviewing Potential Employees
You’re working to fill a high-level position and have narrowed the field of job applicants to three promising candidates. It’s time to bring them in for interviews. Your goal is to move beyond their glowing resumes and get a peek at their professional souls. But you’re unsure what types of questions will help you accomplish this. … Read more
DOL Adopts A New “Adverse Employment Action” Standard For SOX Whistleblower Cases, & Another Federal Court Grants An Employer Summary Judgment On Causation Grounds
The U.S. Department of Labor’s Administrative Review Board (ARB) adopted a new standard governing “adverse employment actions” under Section 806 of the Sarbanes-Oxley Act of 2002 (SOX). Menendez v. Halliburton, Inc., Case No. 09-002, 2011 DOL Ad. Rev. Bd. LEXIS 83 (ARB Sept. 13, 2011). Now, according to the ARB, an employee need not experience … Read more
How Paying Departing Employees to “Tend the Garden” Can Benefit an Employer’s Business
Given the difficulties many businesses encounter in preventing former employees and executives from competing through enforcement of restrictive covenants, more companies should consider using “garden leave” provisions. The garden leave concept, which arose in England, most typically takes the form of a clause in an employment contract under which a resigning employee must provide a … Read more
Agencies Issue Final Rule Disallowing Federal Contractor Reimbursement for Persuader Activities
Agencies Issue Final Rule Disallowing Federal Contractor Reimbursement for Persuader Activities.
What Is the Duty to “Provide” a Meal Period? Oral Argument Before the California Supreme Court in Brinker Restaurant Corp. v. Superior Court
The long awaited oral argument in the seminal meal and rest break decision involving Brinker Restaurant finally occurred today. Before a packed courtroom, lawyers for a hopeful class of waiters and waitresses and the representatives of California employers battled it out before the seven justices of the California Supreme Court. At issue are critical issues … Read more
OSHA Issues Interim Regulations and Request for Comment on Certain Whistleblower Protections Added by Dodd-Frank Act
OSHA Issues Interim Regulations and Request for Comment on Certain Whistleblower Protections Added by Dodd-Frank Act.
Legislation Introduced to Update FLSA Computer Employee Exemption
Legislation Introduced to Update FLSA Computer Employee Exemption.
New California Employment Laws 2012
A new tidal wave of employment laws is about to flood the shores of California. On January 1, 2012, multiple new laws will take effect in California, and they will have a significant impact on the employment practices of companies with California operations. California employers will need to take prompt action to ensure compliance, including revising … Read more
Sexual Harassment Training Year Near Deadline
2011 is a sexual harassment prevention training year for many California employers with 50 or more employees. If this applies to you, there’s only a short time left to meet the year-end deadline for mandatory AB 1825 supervisor training. In State Department of Health Services v. Superior Court (McGinnis) (2003), a company avoided legal penalties by … Read more
Order Grants General Counsel Certain Powers in the Event NLRB is Left with Two Sitting Members
Order Grants General Counsel Certain Powers in the Event NLRB is Left with Two Sitting Members.
