‘Supreme Court’ ordinances hiring mandate
Continue Reading Say Hello to Your Newest Hiring Manager: The Government!
January 2012
Courage or Folly? Superior Court Awards Significant Attorney’s Fees Against a Defeated Trade Secret Plaintiff
By Charles L. Post on
Posted in Trade Secrets and Competition
It is sometimes difficult to distinguish arrogance or hubris from their close cousin, courage and perseverance. When a Court looks back over a plaintiff’s unsuccessful prosecution of a trade secret case for purposes of determining an award of attorney’s fees, that postmortem evaluation of the plaintiff’s case can make for some disturbing reading.
Recently, in…
Is It Discrimination To Require A High School Diploma?
By Ramona Carrillo on
Posted in Disability Discrimination, Discrimination
The Equal Employment Opportunity Commission (“EEOC”) thinks so. The EEOC recently posted a letter to its website stating that it may be unlawful for employers to require a job applicant to have obtained a high school diploma if the applicant suffers from a learning disability and has been unable to obtain one. The EEOC’s position represents a significant departure from traditional interpretation by the courts with regard to matters of unintentional discrimination resulting in a disparate impact on certain groups.Continue Reading Is It Discrimination To Require A High School Diploma?
Attention Employers – Your OSHA Form 300a Annual Summary Must be Posted by February 1, 2012
By Ramona Carrillo on
Posted in New Legislation and Regulations
By: Lizbeth V. West, Esq.
The employment lawyers at Weintraub Genshlea Chediak Tobin & Tobin (WGCT&T) want to remind all employers that their OSHA 300a Annual Summary Report must be posted in the workplace by February 1, 2012 and remain posted until April 30, 2012. Pursuant to OSHA’s recordkeeping requirements, the 300a Annual Summary Report must contain the appropriate information from the employer’s OSHA 300 Logs for workplace injuries and illnesses during 2011.Continue Reading Attention Employers – Your OSHA Form 300a Annual Summary Must be Posted by February 1, 2012
Class Action Waivers in Arbitration Agreements: One Step Forward, Two Steps Back! Class Action Waivers a Violation of the National Labor Relations Act
By Labor & Employment on
If you thought all the news from the NLRB these days had to do with Posters and Recess appointments, think again. On January 6, 2012, the National Labor Relations Board emphatically rejected an arbitration agreement that required employees to waive their class action rights. This opinion squarely rejected the U.S. Supreme Court ruling last year in AT&T Mobility v. Concepcion, wherein SCOTUS approved of class action waivers in compulsory arbitration agreements.
Continue Reading Class Action Waivers in Arbitration Agreements: One Step Forward, Two Steps Back! Class Action Waivers a Violation of the National Labor Relations Act