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Articles by James E. Hall, Mark T. Kobata, Marty Denis and D. Diane Hatch

No NLRA Protection for Union ‘Salts’

November 5, 2007
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Employers confronted with a salting campaign can lawfully refuse to hire union-affiliated job applicants for any number of legitimate, nondiscriminatory reasons. Applicants may also be rejected if they do not intend to genuinely seek employment.
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EEOC Guidance on Caregiver Bias

October 9, 2007
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Employers are advised to review the EEOC’s guidance. As always, appropriate training of managers and supervisors on their legal obligations is the best approach to sensitive decision-making to avoid liability issues.
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EEOC Guidance on Caregiver Bias

October 9, 2007
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Employers are advised to review the EEOC’s guidance. As always, appropriate training of managers and supervisors on their legal obligations is the best approach to sensitive decision-making to avoid liability issues.
Read More

RICO Risk for Hiring Illegal Workers

August 2, 2007
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Employers that hire immigrants with no lawful authorization to work in the U.S. could be subject to claims under the Racketeer Influenced and Corrupt Organizations Act. Employers are advised to carefully review and ensure their compliance with applicable regulatory requirements that detail pre-hire screening of job applicants to ensure they are lawfully entitled to be employed in the United States.
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RICO Risk for Hiring Illegal Workers

August 2, 2007
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Employers that hire immigrants with no lawful authorization to work in the U.S. could be subject to claims under the Racketeer Influenced and Corrupt Organizations Act. Employers are advised to carefully review and ensure their compliance with applicable regulatory requirements that detail pre-hire screening of job applicants to ensure they are lawfully entitled to be employed in the United States.
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Law Firm’s Arbitration Procedures Ruled Improper

August 2, 2007
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California law has for several years prohibited enforcement of mandatory arbitration procedures that are unconscionable. Employers are advised to carefully review the costs involved in mandatory arbitration and the specific processes by which employment-based claims can be resolved by arbitration which have met with court approval.
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