by Sylmarie Arizmendi of Arizmendi & Sanfilippo
Often U.S. employers doing business in Puerto Rico assume that certain basic elements of the employment relationship are the same in Puerto Rico as they are stateside. That leads employers to expose themselves to liability because of differences in the employment laws. This article highlights four essential differences for [...]

by Mark I. Schickman
Across America, California employment laws are considered very liberal, too far left. But, in England, the employment law of every American state is viewed as only a cut above indentured servitude. Their legal establishment is disdainful of America’s “regressive” employment laws, and many tribunals will simply refuse to enforce our “barbaric” at-will [...]

HR professionals are frequently asked to do more with less. Moreover, these are challenging times, with companies facing increased employment litigation but having fewer resources for programs to strengthen the quality and longevity of the workforce. Exit interviews represent an effective and inexpensive, albeit little-used, tool for spotting and fixing problems before they turn into [...]

by Amy M. McLaughlin
A recent decision from the Second U.S. Circuit Court of Appeals reiterates an employer’s obligation to ensure that its decisionmakers act without discriminatory or retaliatory animus. The employer in the following case allowed a decisionmaker whom it knew harbored racial animus to fire a black worker for poor performance. That move cost [...]

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose?
We get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve an [...]

The worst-case scenario for any claim involving an employment-related decision is the “smoking gun” piece of evidence that destroys the case. It could be a notation in an interviewer’s notes that the applicant was “old” or a supervisor’s note indicating that the recently terminated employee “complained about safety issues a lot.” Because you generally have [...]

The big news last fall from the Equal Employment Opportunity Commission (EEOC) was that  for the first year in history, retaliation claims had surpassed race discrimination claims as the most filed complaint in 2010. But the sleeper issue employers could be grappling with very soon is a significant increase in age discrimination claims.
Recently the EEOC [...]

When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of [...]

Most employers understand that they should discourage the use of subjective criteria to make hiring, advancement, and severance decisions. However, many supervisors still insist that they must consider subjective criteria because factors like “attitude,” “initiative,” and “reliability” simply can’t be made objective. True or false? Let’s break it down.
Every employee undoubtedly has certain tasks that [...]

by David M. Stevens
On September 30, in one of its most prolific moves of 2010, the National Labor Relations Board (NLRB) issued 28 decisions addressing a variety of issues affecting labor-management relations and the scope of prohibited employer conduct in the context of union elections.