by Tammy Binford
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The Texas Supreme Court recently upheld a mandatory arbitration clause contained in an employee handbook. The nine-year saga illustrates the risks of placing binding arbitration documents within nonbinding employment...
The years 2020 through 2022 saw a fundamental shift in where people got their work done, as workers abandoned crowded offices in favor of the comfort of their homes during the COVID-19 pandemic. But what will 2023 bring...
It wasn’t so long ago that employers routinely required a bachelor’s degree for a wide range of positions, even if a four-year degree had little to do with getting the job done. When employers began posting open...
For some employees, getting their work computer up, running, and ready to perform each day is a complicated, time-consuming process. When should an employer pay for that daily process? A call center employee’s workday...
On October 31, 2022, the General Counsel of the National Labor Relations Board (NLRB) issued a press release to announce her next litigation target. It takes aim at electronic monitoring and “algorithmic management of...
Starting January 1, 2023, a new group of employer obligations will land. Here are some of the most significant. Pay transparency California Senate Bill (SB) 1162 requires employers of 100 or more contract employees to...
In a recent case, a group of employees who assist home-bound individuals sought unpaid overtime wages under the Fair Labor Standards Act (FLSA). In a complex situation in which four separate entities controlled different...
Property owners, think twice before directing tenants to hire independent contractors to do work at your properties. The “Privette” doctrine, which usually creates a strong presumption that the contractor is responsible...
Did an employer’s failure to file a valid notice of appeal from the California Labor Commissioner’s orders bar the trial court from awarding the bonds they posted? Background From 2002 to 2016, Manuel Chavez worked as an...
A California trial court determined a school district had good and nondiscriminatory reasons to terminate a part-time substitute teacher and special education aide because she was medically incapable of doing the job...
As I sat down to write about the reemergence of holiday office parties, I took to the polls, as I often do. HR managers generally follow a conservative path, wanting some fun but listing heavily toward the side of...
Most every employment arbitration agreement will be declared to be procedurally unconscionable since it generally is provided on a take-it-or-leave-it basis as a condition of the job. If you add any substantive...
EEOC Chair Charlotte Burrows provided an overview of her priorities to participants of The Institute for Workplace Equality’s virtual Fall Compliance Conference on November 3. The agency is focused on systemic...
On October 31, 2022, the U.S. Supreme Court heard oral arguments in two separate cases on whether race can be a decision in admissions to colleges. The two cases, Students for Fair Admissions v. Harvard and Students for...
The National Labor Relations Board (NLRB) and, particularly, the aggressive actions by General Counsel (GC) Jennifer Abruzzo have properly attracted the attention of unions, employers, and politicians, but all that...
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