Employment & Labor

Admittedly, I was not always a country music fan but over the years my tastes in music have changed and, with the crossover of country music into more mainstream popular music, I find myself liking country music more and more.  There is something enjoyable and uplifting about the relatively wholesome lyrics. Let’s face it, if I have to ask my kids to make sure they are listening to a “clean” version of a song one…
Weintraub Tobin’s 2019 Labor and Employment Seminar and Training schedule is now available.  Click here for a copy of the schedule.  If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact: Ramona Carrillo (916) 558-6046 rcarrillo@weintraub.com  …
In an article published by Managed Healthcare Executive, I discussed the potential impact of a recently proposed regulation from the U.S. Departments of the Treasury, Health and Human Services and Labor that expands the usability of health reimbursement arrangements (HRA). The new rule as proposed would apply for most health plans beginning January 1, 2020, and would be particularly beneficial to employees of small employers who are not required to offer health plan coverage to…
What Is A “Good Faith” Refusal? Under subsection (a)(2) of the Federal Rail Safety Act, it is protected activity for an employee “to refuse to violate or assist in the violation of any Federal law, rule, or regulation relating to railroad safety.” Now comes a Circuit Court decision clarifying what qualifies as “a refusal” to violate a FRA safety regulation. In Rookaird v. BNSF Railway Company, the 9th Circuit Court of Appeals explains…
Can small municipalities make decisions based on age? Not according to the United States Supreme Court, which recently resolved a circuit split on the question of whether the Age Discrimination in Employment Act (ADEA) applied to state and federal political entities with fewer than 20 employees. In Mount Lemmon Fire District v. Guido, a unanimous court found that the ADEA applies to all federal and state entities, regardless of the size of those entities’…
How would you like to perform only the most high-level and uniquely human elements of your job?  Are your skills really best utilized on data entry, rote memorization and pushing paper? Artificial Intelligence (AI) promises to delegate all the drudgery of your job to machines while freeing you up to mingle with clients on the golf course and answer phone calls from your private yacht in the Adriatic Sea. It almost sounds too good to…
There are some fundamental requirements in United States jurisprudence. There are some things we just do not do as a matter of fundamental due process. One of those things we do not do is ask minors to make important legal decisions. Yet, that is exactly the slippery slope upon which the Trump administration has embarked. A five year old Honduran who as seeking asylum was separated from her grandmother. She was then asked to sign…
In November 2015 the Labour Laws Amendment Bill (the Bill) was tabled to parliament.  The Bill was adopted with the intention of amongst others, regulating (and extending) paternity leave.  As of 22 August 2018, the Bill has been passed by the National Assembly and the National Council of Provinces. All that remains is authorisation and signature by the President. What is the current leave entitlement? As it stands, adoptive parents and commissioning parents are not…
Who’s to blame when parties really get out of hand?Who’s to blame when they get poorly planned?– “Party Out of Bounds,” The B-52s ‘Tis the season for the annual office holiday party planning. The idea is a good one: express your appreciation for the hard-working team that’s led to the company’s successful year. The reality, however, can often lead to harassment claims, employee injuries, and HR headaches. A recent Robert Half survey of managers’ worst…
According to The American Lawyer (sub. req.), Hogan Lovells has suspended one of its partners in its London office for watching porn at work. How did it catch the offense? In IT employee read his internet logs? No. He forgot to close his browser when he went to the loo and his assistant walked into his office? No. He visited an unsafe site that spammed his entire office with malware? No. Would you believe…

Employment & Labor Blogs