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Lead Story
COURT RULING
The Death of the Noncompete?
By Josh Cohen
The California Supreme Court recently ruled that noncompete agreements are unenforceable. Because so many national and international employers do business in California and because California is often on the leading edge of legal and technological development, non-California businesses should take note.


In the News

DISCRIMINATION CASE
Supreme Court Parses Protections for Internal Company Probes
October 9, 2008 9:35 AM PT
Employees participating in a company probe of discrimination may receive the same protections against retaliation as the person who filed the charge, if the Supreme Court rules in favor of a Tennessee woman. >>

SUPREME COURT PASS
High Court Won’t Review Cash-Balance Pension Ruling
October 8, 2008 1:12 PM PT
Without comment, the justices let stand an August 2007 ruling by the 6th U.S. Circuit Court of Appeals that a cash-balance plan sponsored by a printing firm is not age-discriminatory. >>

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Workforce Washington
Washington staff writer Mark Schoeff Jr. provides an insider's insights to the workings of our nation's capital from the workforce management perspective.
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Legal Briefing


Policies and FMLA Rights For Ineligible Employee
A company handbook can create a contractual relationship or, in the alternative, the enforcement of a promise made in the handbook that the employee has relied on to his detriment. As such, courts have barred employers from asserting the defense of FMLA ineligibility.

Tools and Resources


By taking a few simple precautions, companies can avoid falling prey to wage and hour lawsuits.
As service members return from deployment in Iraq, compliance with the Uniformed Services Employment and Re-Employment Rights Act of 1994 will be an issue for employers. Here are the act’s key provisions, and two recent cases of interest.

 

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Recent Post
Really Hurt—Or Not?
A member writes: "We have an employee who got a back injury 2 days after we hired her...She is back at work and is under many restrictions which we are accommodating. Several employees have seen her performing duties from which she is restricted... How/can we reprimand her for not complying with her light duty? Is she faking the entire thing? Finally, her performance and attitude are horrible, so we would really like to release her. Where do I start?"

More Forum Posts 

Reducing Pay
A member writes: "Can we reduce an employee’s pay if we move him into another department due to his health problems? His current health prevents him from being able to perform his normal duties. We have moved him to a less stressful position, but cannot continue to pay him at his normal high rate of pay."


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Special Report


Employers are being slapped with lawsuits—costing them millions of dollars in some cases—by workers who say they are being compelled to work through meal breaks. Antiquated labor laws are to blame, some corporations say. But plaintiff attorneys blame in part deteriorating corporate ethics.


 TOP ARTICLES

The Most Common HIPAA Privacy Mistakes Employers Make

Top Five Employer Mistakes Under the FLSA

Avoiding Election Year Conflicts in the Workplace

10-Plus Tips for Succeeding in an EEOC Mediation: Part One

The Workplace Agenda: Engaging Employees in Politics

Are Plaintiffs Getting a Raw Deal in Employment Law Cases?




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