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Current Employment

Covers HR and labor law, employee benefits and employment policies.

http://currentemployment.net

Apr 25
Seminar Next Week: Social Media in the Workplace

Seminar Next Week: Social Media in the Workplace

On Wednesday, May 1, I will be in Aurora giving a talk on how to navigate employee social media use at work. It’s a free seminar put on by Aurora [...]
Apr 12
Why Do We Work Hard?

Why Do We Work Hard?

Or, maybe more importantly, why don’t your employees? What motivates people to put their all into their jobs? In this TedX talk, Dan Ariely has some pretty amazing answers. Take [...]
Mar 19
Can We Be a Christian Company?

Can We Be a Christian Company?

Every once in a while, someone randomly asks me a question that sends me down a rabbit hole of employment law that is nearly impossible to escape from. This happened [...]

Rank this Week: 3634

GSAS Law

Covers New York employment and employee benefits law. By Giskan Solotaroff Anderson & Stewart L.L.P.

http://www.newyorkemploymentlawyersblog.com/

Mar 1
Take The Money and Run

Take The Money and Run

By Oren Giskan, Esq. Have you been following the FINRA v Charles Schwab ("Schwab") battle? Schwab is a stock brokerage that recently inserted a ban on class actions in its customer agreement. FINRA, the Financial Industry Regulatory…
Feb 27
The "Efficiency" of Class Arbitration

The "Efficiency" of Class Arbitration

By Oren Giskan, Esq. As we know, most companies now force their customers and/or their employees to arbitration through mandatory arbitration provisions in their contracts, whether it be an employment contract or the tiny print on the back…
Dec 5
American Express Arbitration Opt-Out Expires February 15, 2013

American Express Arbitration Opt-Out Expires February 15, 2013

by Catherine Anderson, Esq. From now until February 15, 2013, consumers may opt-out of the Arbitration Provision of the American Express credit card agreement. Consumers who opt-out of arbitration will be able to bring claims and disputes…

Rank this Week: 3695

Civil Justice Law Blog

Provides news and commentary daily on the civil justice system in the U.S., focusing mainly on mass torts, employment discrimination, and injury law. By Morelli Ratner PC.

http://www.morellilaw.com/our-blog

Jan 25
Lawsuit Filed Against Mustapha Ouanes and Saudi Prince Adbulaziz Bin Fahd for Rape and Assault

Lawsuit Filed Against Mustapha Ouanes and Saudi Prince Adbulaziz Bin Fahd for Rape and Assault

Morelli Alters Ratner today filed a lawsuit against HRH PRINCE ABDULAZIZ BIN FAHD ALSAUD, SAUDI OGER LTD (d/b/a HARARI INTERESTS, and MUSTAPHA OUANES for the assault and rape of plaintiff Jane Doe.read more
Jan 17
Morelli Alters Ratner Files Class Action Complaint Against Red Bull

Morelli Alters Ratner Files Class Action Complaint Against Red Bull

Yesterday, Morelli Alters Ratner filed a complaint in federal district court against Red Bull on behalf of named plaintiff Benjamin Careathers and a class of similarly situated others. Thomson Reuters reports: read more
Dec 4
The Rise of Cosmetic Product Class Action

The Rise of Cosmetic Product Class Action

Earlier this week, legal newswire Law360 published an expert commentary article entitled “Cosmetics Under Fire: Tips to Avoid FDA Scrutiny” (subscription required). The article warns attorneys for the cosmetic industry that…

Rank this Week: 3672

Human Resources News

Human Resources News provides the latest news on state and federal employment law and human resources

http://employmentlawpost.com/hrnews

Nov 28
New year brings changes to New Hampshire employer safety program

New year brings changes to New Hampshire employer safety program

by Jeanine Poole New Hampshire’s requirements for employer safety programs are changing. Passed in June, House Bill 1587 goes into effect on January 1, 2013. The new law provides:
Nov 26
IRS sets 2013 standard mileage rate

IRS sets 2013 standard mileage rate

The IRS has announced the 2013 standard mileage rate to use in computing the deductible costs of operating an automobile for business use. Employers often use the rate to determine how much they will pay employees for using their personal…
Nov 20
Healthcare reform provisions move forward: preexisting condition exclusion

Healthcare reform provisions move forward: preexisting condition exclusion

On November 20, the Obama administration announced it is moving forward with certain provisions in the Affordable Care Act (ACA), including banning insurance companies from discriminating against people with preexisting conditions. The…

Rank this Week: 3658

Labor & Employment Law, HR Law

Covers the working world. By Charles A. Krugel.

http://www.charlesakrugel.com/

Nov 20
A Photo From My Website is Part of a New Book–Her Mother’s Secret: A Companion to the Novel

A Photo From My Website is Part of a New Book–Her Mother’s Secret: A Companion to the Novel

If you’ve looked over some of this website’s interior pages, you may have discovered my Pictures page. The point of this page is that I dislike those silly stock photos of fake people pretending to work. These photos are often on…
Nov 8
From My LinkedIn Group: HR Directors Thrown Under the Bus by Yet Another Federal Appeals Court

From My LinkedIn Group: HR Directors Thrown Under the Bus by Yet Another Federal Appeals Court

This post is from my LinkedIn group—Charles Krugel’s Labor & Employment Law & Human Resources Practices Group. Occasionally, I’ll post discussions from my group if they pose interesting discussion topics. Shaun Reid of the New York City…
Oct 30
Chuck Krugel Interviewed for & Quoted in First Business News 10/16/12 Story “Ballot Bullies”

Chuck Krugel Interviewed for & Quoted in First Business News 10/16/12 Story “Ballot Bullies”

First Business News’ Chuck Coppola interviewed me for his 10/16/12 Cover Story “Ballot Bullies.” This relates to recent reports of labor unions, companies & executives aggressively trying to influence how their employees vote (e.g.,…

Rank this Week: 3710

Florida Employment Lawyer Blog

Covers federal and Florida employment, discrimination and sexual harassment law, news and cases. By Matthew Seth Sarelson.

http://www.floridaemploymentlawyerblog.com/

Aug 13
Unemployed Face Stigma Regardless of Time Between Jobs, Study Say

Unemployed Face Stigma Regardless of Time Between Jobs, Study Say

As anyone running for a political office right now will tell you, the number one crisis facing the nation today is unemployment. According to the Huffington Post, more than five million Americans have been between jobs for at least six…
Aug 10
How to File a Sex Discrimination Complaint

How to File a Sex Discrimination Complaint

If you think you are a victim of gender discrimination in the workplace, you can file a workplace discrimination complaint with the Equal Employment Opportunity Commission (EEOC). Depending on your position, you may need to file one of two…
Aug 8
Types of Gender Discrimination in the Workplace

Types of Gender Discrimination in the Workplace

The Equal Employment Opportunity Commission (EEOC) says that gender discrimination “involves treating someone (an applicant or employee) unfavorably because of that person’s sex.” Earlier this week, we wrote about a woman who sued…

Rank this Week: 3704

Union-side Labor and ERISA Law

Covers legal issues pertinent to the representation of labor unions and multi-employer benefit trust funds. By the Urban Law Firm.

http://unionanderisalaw.com/

Jun 25
New 401(k) Regulations May Have An Important and Costly Impact on Employers and Plan Sponsor

New 401(k) Regulations May Have An Important and Costly Impact on Employers and Plan Sponsor

In recent months, numerous articles have been written regarding the Department of Labor’s new disclosure rules for 401(k) plans. The new fee disclosure rules are very important to participants in 401(k) plans because for the first time…
Apr 23
California Supreme Court Clarifies Meal Periods for Employee

California Supreme Court Clarifies Meal Periods for Employee

Recently, the California Supreme Court provided some clarification regarding meal periods for California employees. The Court was tasked with interpreting California Labor Code Section 512 and Wage Order No. 5. In Brinker Restaurant Corp.…
Apr 23
California Supreme Court Clarifies Meal Periods for Employee

California Supreme Court Clarifies Meal Periods for Employee

Recently, the California Supreme Court provided some clarification regarding meal periods for California employees. The Court was tasked with interpreting California Labor Code Section 512 and Wage Order No. 5. In Brinker Restaurant Corp.…

Rank this Week: 3665

Texas Workers Rights Blog

Features employment law updates and discussions for Texas workers. By John A. Wenke.

http://www.johnwenke.com/category/texasworkersrightsblog/

May 17
Discrimination Affects All

Discrimination Affects All

In his “Letter from a Birmingham Jail”, Martin Luther King Jr. wrote that “whatever affects one directly, affects all indirectly.” Such is true with employment discrimination. We often think that…
Apr 12
Watch Your Language at Work?

Watch Your Language at Work?

Every so often someone writes a letter to the newspaper complaining about the amount of Spanish spoken in El Paso, and specifically in the workplace. This debate was recently resurrected in our editorial pages. The letters…
Mar 14
Pre-ADAAA Opinion Smells Bad for Worker

Pre-ADAAA Opinion Smells Bad for Worker

The Fifth Circuit Court of Appeals recently issued an opinion reminding us how difficult it was for workers to bring disability claims before the passage of the ADAAA (the Americans with Disability Act Amendment Act) of 2008. In Tina Milton…

Rank this Week: 3759

Retirement Plan Blog

Covers Employee Benefit Plans, Retirement Programs, Welfare Benefit Plans, Executive Benefits, and Employee Ownership Programs. By National Benefits Services, Inc.

http://www.retirementplanblog.com/

May 12
The language of saving

The language of saving

As 401(k) plans have matured, so has the academic research around it. The relatively new field of behavioral economics which blends micro-economics and psychology is being used to help employees make better decisions about their 401(k)…
May 6
Marshmallows and 401(k) Plan

Marshmallows and 401(k) Plan

When I was a right-brain undergraduate and long before my left-brain discovered ERISA, I took a number of psychology courses. In one of those courses, we discussed the famous marshmallow experiment conducted by social psychologist Walter…
Apr 23
FRA/Plan Tools Blog (fiduciary information and ERISA Litigation Index)

FRA/Plan Tools Blog (fiduciary information and ERISA Litigation Index)

Rank this Week: 3774

FMLA Insights

Covers the Family Medical Leave Act. By Franczek Radelet.

http://www.fmlainsights.com

May 8
Yahoo's Sweetened Parental Leave Policy Raises Practical FMLA Certification Issues for Moms and Dads in the Workplace

Yahoo's Sweetened Parental Leave Policy Raises Practical FMLA Certification Issues for Moms and Dads in the Workplace

Posted by Jeff NowakIt seems that what Yahoo CEO Marissa Mayer taketh, she giveth back. Or something like that. As you will recall, Mayer made waves several months back when she banned all Yahoo employees from working from home,…
Apr 25
Department of Labor to Increase Frequency of FMLA On-Site Investigation

Department of Labor to Increase Frequency of FMLA On-Site Investigation

Posted by Jeff NowakFor employers who have been involved in an FMLA investigation conducted by the U.S. Department of Labor, the process can be a bit of a head-scratcher because no two investigations look the same. The FMLA investigation…
Apr 18
DOL Lawsuit Highlights Simple Reality: Employers Who Ignore FMLA Regulations Face Severe Consequence

DOL Lawsuit Highlights Simple Reality: Employers Who Ignore FMLA Regulations Face Severe Consequence

Posted by Jeff NowakWhen an employer ignores the FMLA regulations as it ponders a termination decision, the consequences can be severe. A water bottling company recently learned this the hard way. Peter Lyle was a route…

Rank this Week: 3799

Thoits Law Blog

Discusses important legal developments in the areas of business, employment, intellectual property, litigation, real estate, and estate planning. By Thoits, Love, Hershberger & McLean.

http://www.thoitslaw.com/blog/

Apr 8
You Really, Really Need a Shareholder Buy-Sell Agreement

You Really, Really Need a Shareholder Buy-Sell Agreement

...a relatively small investment of time spent on the fundamentals can yield significant dividends in the future – and help to avoid much distress. And, the first fundamental, particularly for founders who do not anticipate seeking venture…
Apr 8
Selling Restricted Stock of Private Companie

Selling Restricted Stock of Private Companie

Anyone who holds restricted stock of a non-public company, such as Twitter, Box, or Palantir among others, probably has discovered it is possible to find buyers for their stock by contacting Second Market or Shares Post or other…
Feb 22
California Pregnancy Disability Leave: Longer Than Four Months?

California Pregnancy Disability Leave: Longer Than Four Months?

The court stated that this was a "case of first impression" and posed the issue as "whether an employee who has exhausted all permissible leave available under the Pregnancy Disability Leave Law (PDLL)...may nevertheless state…

Rank this Week: 3787

Washington Workplace Law Blog

Covers employment law, and wage and hour regulations. By Foster Pepper PLLC.

http://www.washingtonworkplacelaw.com/

Apr 5
Happy Birthday FMLA! Lots of Presents for Employer

Happy Birthday FMLA! Lots of Presents for Employer

Has it really been 20 years since President Clinton signed the law establishing the federal right to leaves of absence for many who work for larger employers? While many employees have appreciated the benefits of job-protected time away from…
Feb 26
Breakfast Briefing Wage and Hour Materials Now Available

Breakfast Briefing Wage and Hour Materials Now Available

On February 12, attorneys from the Foster Pepper Employment and Labor Relations Group presented “Wage and Hour Compliance: Beyond the Basics” to guests in our Seattle offices and via webinar to others across the state and beyond.…
Jan 15
Register Now: Breakfast Briefing on Wage & Hour Compliance - Beyond The Basics (Part I)

Register Now: Breakfast Briefing on Wage & Hour Compliance - Beyond The Basics (Part I)

Join Foster Pepper attorneys in person or, if outside the Seattle area, via webinar, for a complimentary breakfast briefing on February 13, 2013. Designed for experienced human resources, management, payroll and legal professionals, this…

Rank this Week: 3832

Workplaces That Work

Covers workplace conflict management systems. By Blaine Donais.

http://workplacesthatwork.blogspot.com/

Mar 11
Still a Few Seats Available

Still a Few Seats Available

We are coming up on our Toronto Certification seminar for Workplace Fairness Analysts on April 5, 2013. We still have a couple of seats available. So be sure to sign up as we will not be offering it again this year in Toronto.
Feb 5
Workplace Fairness Analyst Certification Training

Workplace Fairness Analyst Certification Training

The Workplace Fairness Institute is offering a one day training session to those who qualify to become Workplace Fairness Analysts.Place: Toronto Time: 9 a.m. and going to 4:30 pmDate: Friday, April 5, 2013.Cost: $400+HST per person…
May 8
3 New Courses Offered by WFI in conjunction with York DCE

3 New Courses Offered by WFI in conjunction with York DCE

I am proud to present three new courses that are offered as a result of a strategic alliance between York University's Department of Continuing Education and the Workplace Fairness Institute: - a 5 day course called Conflict Management in…

Rank this Week: 3827

San Francisco Bay Area Lawyer Blog

Comments on Bay Area employment law. By The Mazzola Law Office P.C.

http://www.sfbayareaemploymentlawyerblog.com/

Mar 5
Changes to Mechanics Lien laws in 2012 - Part 2

Changes to Mechanics Lien laws in 2012 - Part 2

Two of the most commonly used remedies available to contractors are mechanics liens and stop payment notices. The rules and procedures affecting mechanics liens, stop payment notices and bond claims changed on July 1, 2012 (SB 189). An…
Feb 28
Changes to Mechanics Lien laws in 2012 - Part 1

Changes to Mechanics Lien laws in 2012 - Part 1

Construction contractors have enhanced collection remedies to help them obtain payment. Two of the most commonly used remedies are mechanics liens and stop payment notices. These rights are based on the California Constitution and various…
Jan 28
What Does Indemnity Mean? - Part 2

What Does Indemnity Mean? - Part 2

Defense Continued from Part 1. A duty to defend another is a separate part of an indemnity provision. It requires the person giving the indemnity (the indemnitor) to pay for an attorney to defend the person receiving the indemnity (the…

Rank this Week: 3744

SBH Lawyers Blog

Covers Canadian employment and labour law. By Stringer Brisbin Humphrey.

http://www.sbhlawyers.com/blog

Nov 19
Appeal Court Clarifies “Foreseeability” as Element of OHS Due Diligence

Appeal Court Clarifies “Foreseeability” as Element of OHS Due Diligence

Employers charged with violating the Occupational Health and Safety Act (Act) can escape conviction by proving they exercised due diligence, often referred to as the “due diligence defence”. When assessing whether an employer has…
Nov 18
Director sentenced to jail time for failure to pay wages under the ESA

Director sentenced to jail time for failure to pay wages under the ESA

In a recent decision, the Ontario Court of Justice sentenced the director of six Ontario companies, Steven Blondin, to 90 days in jail for failing to pay wages to employees.
Nov 7
The Human Rights Tribunal Says “No” to Forum Shopping

The Human Rights Tribunal Says “No” to Forum Shopping

It has been a year since the Supreme Court of Canada’s decision in British Columbia (Workers' Compensation Board) v. Figliola (“Figliola”). In Figliola, the Supreme Court stated that human rights complaints should not be relitigated…

Rank this Week: 3823

The PathLaw Blog

Covers North Carolina workers compensation and employment law. By Pattersn Harkavy LLP.

http://pathlaw.com

Aug 1
Court of Appeals Rejects Challenge to Assistant Principal’s Dismissal

Court of Appeals Rejects Challenge to Assistant Principal’s Dismissal

The recent case, James v Charlotte-Mecklenburg County Board of Education, concerned an assistant principle who was dismissed for allegedly sexually harassing female employees.
May 1
Court of Appeals Rejects REDA Claim by Pro Se Plaintiff

Court of Appeals Rejects REDA Claim by Pro Se Plaintiff

In Fatta v M & M Properties Management, Inc. the North Carolina Court of Appeals heard an appeal by a pro se plaintiff of the trial court’s granting of summary judgement. Plaintiff worked for the company in one of their hotels as a…
Apr 24
The 4th Circuit CoA Ruled that the EEOC could be Estopped in an ADA Enforcement Action

The 4th Circuit CoA Ruled that the EEOC could be Estopped in an ADA Enforcement Action

In EEOC v.

Rank this Week: 3814

Column of Justice

Covers Utah criminal, employment, real property and tort law. By Nelson Abbott.

http://www.columnofjustice.com/

Jun 8
BE WARY OF FORECLOSURE DEFENSE CLAIMS

BE WARY OF FORECLOSURE DEFENSE CLAIMS

With all of the foreclosures going on, a cottage industry has popped up. The cottage industry claims that they can stop or slow down foreclosures allowing people to live in their homes without paying their mortgage for a period of time. To…
May 21
COURT THROWS OUT PREMISES LIABILITY CLAIM

COURT THROWS OUT PREMISES LIABILITY CLAIM

Tasha Jensen visited an apartment complex in West Jordan, Utah to see if she wanted to rent an apartment. While inside the apartment, it started to rain. As she returned to her car, she ran to her car with her head down. On the way, she…
May 8
Attorney gets suspension another gets disbarred

Attorney gets suspension another gets disbarred

Allen F. Thomason of Highland, Utah was recently suspended from the practice of law. It isn’t uncommon for Utah attorneys to be suspended from practicing law. Mr. Thomason’s suspension is unusual, if not bizarre. Mr. Thomason…

Rank this Week: 3826

Business and Employment Law Blog

By LIberty Law.

http://reddingbusinessandemploymentlawblog.com

May 14
Tips For Your New Busine

Tips For Your New Busine

It is May, 2012, and even though the politicians have declared that the economic disaster is over, America’s economy is still struggling. Unemployment rates have been above 8% for much of the last three years, and GDP growth averaged a…
Apr 16
Brinker decision finally arrives!

Brinker decision finally arrives!

New Standard for Meal/Rest Periods:
Oct 31
OSHA Compliance and Inspection

OSHA Compliance and Inspection

This Fox Business article provides a good summary on handling OSHA inspections and the factors to consider before hand. http://smallbusiness.foxbusiness.com/legal-hr/2011/10/27/preparing-for-osha-inspection/ OSHA Compliance and Inspection

Rank this Week: 3836

Canadian Advocate

Covers immigration, refugee, employment/labour, and occupational health & safety law in Canada. By Abimanyu Singam.

http://canadianadvocate.wordpress.com/

May 14
Immigration Minister Jason Kenney makes welcome changes to refugee bill

Immigration Minister Jason Kenney makes welcome changes to refugee bill

It’s rare and refreshing to see a member of Stephen Harper’s cabinet offer to amend a punitive piece of legislation. “We have listened to parliamentarians on Bill C-31 (which overhauls Canada’s refugee system) and as a result we have…
May 8
Toronto-area teen shares domestic abuse story

Toronto-area teen shares domestic abuse story

Toronto-area teen shares domestic abuse story
Jul 18
Family Law Equalization Claims and Bankruptcy – Schreyer v. Schreyer (2011 SCC 35)

Family Law Equalization Claims and Bankruptcy – Schreyer v. Schreyer (2011 SCC 35)

The parties married in 1980, separated in 1999 and filed for divorce in 2000. Before a master undertook the valuation, the husband made an assignement in bankruptcy without listing the wife as a creditor. She did not receive any notice of…

Rank this Week: 3815

San Francisco Overtime Attorney…

San Francisco Overtime Attorney Blog

Covers class action cases involving overtime and minimum wage, meals and rest breaks, and independent contractor misclassification. By the Law Offices of James M. Sitkin.

http://www.sanfranciscoovertimeattorneysblog.com/

Jul 14
Employer Couldn't Enforce One-sided Arbitration Clause in Employer Handbook

Employer Couldn't Enforce One-sided Arbitration Clause in Employer Handbook

The Court of Appeal in Zullo v. Superior Court (Inland Publishing Co.) (6th District, July 12, 2011) has ordered the Santa Clara County Superior Court to vacate an order that had granted an employer's motion to require an employee, Sharon…
May 23
Payment Tied to Number of Cars Sold Independent of Price Per Unit Still a Commission for Purposes of California Overtime Exemption

Payment Tied to Number of Cars Sold Independent of Price Per Unit Still a Commission for Purposes of California Overtime Exemption

California Wage Order 7 regulates mercantile industries. Like other Wage Orders, its overtime protections do not extend to any employee whose earnings exceed one and one-half times the minimum wage if more than half of that employee's…
May 19
Brinkermanship Gone Astray: A Persistent Division of the California Court of Appeal Continues Publishing Pro-Employer Meal Break Decisions as Fast as the California Supreme Court Orders Them Depublished

Brinkermanship Gone Astray: A Persistent Division of the California Court of Appeal Continues Publishing Pro-Employer Meal Break Decisions as Fast as the California Supreme Court Orders Them Depublished

The California Supreme Court is currently reviewing a spate of Court of Appeal decisions, including Brinker Restaurant v. S.C. (review granted October 22, 2008), that held a California employer must provide, not ensure, an employee receives…

Rank this Week: 3835

Los Angeles Employment Lawyers…

Los Angeles Employment Lawyers Blog

Covers discrimination, wrongful termination, harassment and retaliation. By Kelley • Semmel LLP.

http://www.losangelesemploymentlawyersblog.com/

May 19
Unemployment Benefits, Severance and Settlement Agreement

Unemployment Benefits, Severance and Settlement Agreement

Many people ask about what a severance agreement or settlement of an employment dispute will mean for their unemployment benefits. These are good questions, since failing to address them can result in nasty surprises from the California…
Apr 26
Court of Appeal Says Disabled Workers Should be Judged on Light Duty Position if Available

Court of Appeal Says Disabled Workers Should be Judged on Light Duty Position if Available

In Cuiellette v City of Los Angeles,the California Court of Appeal strengthened the right of disabled individuals to return to work after an injury or illness. The Court ruled that the disabled employee had to prove merely that he was…
Mar 16
If the Company Says Your E-Mail Is Not Private -- Believe It

If the Company Says Your E-Mail Is Not Private -- Believe It

Read and heed the warnings in your company's Electronic Media Policy. These policies state that use of company issued computers is not private, and reserve the right to the employer to monitor such use. Employees must take these policies…

Rank this Week: 3793

California Employment Lawyer Blog

Covers employment class actions, damages, and laws. By Fakhimi & Associates.

http://www.californiaemploymentlawyerblog.com/

May 15
California Sex Harassment, Abuse, Alleged by College Student

California Sex Harassment, Abuse, Alleged by College Student

A student at a northern California university has alleged that a professor sexually harassed and assaulted her after she confronted him about a bad grade. He reportedly admitted to inappropriate actions during the encounter, according to a…
May 10
Newport Beach Sexual Harassment Claim Lodged Against Chief

Newport Beach Sexual Harassment Claim Lodged Against Chief

A former dispatcher for the Newport Beach Police Department has filed suit against the chief, as well as the department, claiming sexual harassment, sexual discrimination and wrongful termination. Newport Beach Sexual Harassment Lawyer…
May 3
California Immigrant Worker Bills Clear Senate Committee

California Immigrant Worker Bills Clear Senate Committee

Two measures intended to protect California's migrant workers from exploitation - including sexual harassment - have cleared the state's Senate Judiciary Committee. Orange County Sexual Harassment Lawyer Houman Fakhimi hopes that these…

Rank this Week: 3946

HR Defense Blog

Covers developments in labor & employment law. By Akerman Senterfitt LLP.

http://www.akerman.com/Blogs/hrdefense/

May 10
"My Prior Complaint Was One of the Reasons for the Adverse Employment Action": Mixed Motive Theories for Retaliation Claims Under Title VII

"My Prior Complaint Was One of the Reasons for the Adverse Employment Action": Mixed Motive Theories for Retaliation Claims Under Title VII

POSTED BY NEFERTARI RIGSBY ON MAY 10, 2013 Recently, the Supreme Court heard oral arguments in University of Texas Southwestern Medical Center v. Nassar, which addresses the causation standard for retaliation claims under Title VII.…
Apr 29
Florida's Unemployment Process Violates The ADA - Warning For Employer

Florida's Unemployment Process Violates The ADA - Warning For Employer

POSTED BY SCOTT T. SILVERMAN ON MAY 1, 2013 Florida's requirement that applicants for unemployment insurance apply over the Internet and take an online skills test discriminated against the disabled, because they could not easily…
Apr 26
NLRB General Counsel Suggests Language That Complies With Banner Health

NLRB General Counsel Suggests Language That Complies With Banner Health

POSTED BY SCOTT T. SILVERMAN ON APRIL 29, 2013 In a memorandum dated January 29, 2013, but made public on April 16, 2013, the NLRB's Office of General Counsel, while confirming that an employer's blanket confidentiality rule, which…

Rank this Week: 3919

Washington Public Sector Labor…

Washington Public Sector Labor Negotiations Blog

Covers Washington State public sector collective bargaining. By Cline & Associates.

http://www.washingtonpublicsectorlabornegotiationsblog.com/

Apr 19
Wage Series Part 10: A Review of Recession Era Interest Arbitration Awards — 2008-2013

Wage Series Part 10: A Review of Recession Era Interest Arbitration Awards — 2008-2013

By Jim Cline and Kate Kremer As part of our spring 2013 wage series, it seemed important to interject a discussion about how arbitrators have ruled in the recent economic climate. I recently spoke on many of the same points at…
Apr 16
Jump in Seattle Area Home Prices Indicate Signs of Rebounding Local Economy

Jump in Seattle Area Home Prices Indicate Signs of Rebounding Local Economy

By Jim Cline The just-released home sales data indicates some continued improvement in the local housing market. This is also a good sign of a broader recovery not only of the Seattle area economy, but possibly a statewide…
Apr 16
Wage Series Part 9: Does Geographic Location Matter?

Wage Series Part 9: Does Geographic Location Matter?

By Jim Cline and Kate Kremer In the previous two articles in this wage series, we discussed the extent to which population and assessed valuation correlated with wage rankings. In this article, we discuss geographic location and the…

Rank this Week: 3961

Texas Non-Compete Law Blog

Covers breach of fiduciary duty, non-compete agreements, trade secrets and tortious interference. By Hughes & Luce.

http://blog.texasnoncompetelaw.com/

Apr 2
Requirements for Physician Noncompetes Strictly Enforced

Requirements for Physician Noncompetes Strictly Enforced

An opinion by the Dallas Court of Appeals shows how the courts apply the Texas Noncompete statute to covenants involving physicians. In the opinion, a surgery center was registered as a limited partnership. The general…
Dec 20
Texas Tortious Interference Law: Explicit Threat Not Required

Texas Tortious Interference Law: Explicit Threat Not Required

An opinion by the San Antonio Court of Appeals demonstrates that in order prevail on a claim for tortious interference of contract, the claimant need not prove an outright threat. Certain statements and requests may be…
Dec 20
Texas Temporary Injunction Law: Fact-Specific Inquirie

Texas Temporary Injunction Law: Fact-Specific Inquirie

Whether an injunction should issue in a particular case involves a fact-intensive analysis. A recent opinion by the Dallas Court of Appeals demonstrates how the courts may conduct this analysis in cases involving claims for…

Rank this Week: 3987

Boston Employment Lawyer Blog

Covers age, gender, sex, National origin, and workplace discrimination. By Boston, Massachusetts employment attorneys, The Conforto Law Group.

http://www.bostonemploymentlawyerblog.com/

Mar 30
Older Tech Workers Deal with Age Discrimination

Older Tech Workers Deal with Age Discrimination

California’s Silicon Valley, generally considered the world capital of technological innovation, is emerging from the recession quite well, with new companies and IPOs all over the news. For many older high-tech workers, though, the…
Feb 12
Pepsi Settles Federal Race Discrimination Claim

Pepsi Settles Federal Race Discrimination Claim

Pepsi Beverages reached a settlement agreement with the Equal Employment Opportunity Commission (EEOC), in which it will pay $3.13 million and modify its training and hiring processes based on allegations of racial discrimination. An…
Feb 12
Pepsi Settles Federal Race Discrimination Claim

Pepsi Settles Federal Race Discrimination Claim

Pepsi Beverages reached a settlement agreement with the Equal Employment Opportunity Commission (EEOC), in which it will pay $3.13 million and modify its training and hiring processes based on allegations of racial discrimination. An…

Rank this Week: 3977

The Employment Law Chronicle

Covers employment and workplace discrimination laws and topics. By Virginia & District of Columbia employment lawyer, Lori Searcy of Searcy Business Litigation & Employment Law, LLC

http://www.employmentlawchronicle.com/

Nov 14
Virginia Non-Compete Agreements: Home Paramount v. Shaffer

Virginia Non-Compete Agreements: Home Paramount v. Shaffer

"Employers, Draft Your Non-Compete Provisions in Employment Agreements Carefully." That is the main takeaway from a recent Virginia Supreme Court decision.
Sep 20
Religious Discrimination Exemption Bars Employee's Title VII Claims against Catholic Facility Based on Religious Attire

Religious Discrimination Exemption Bars Employee's Title VII Claims against Catholic Facility Based on Religious Attire

Religious Discrimination: Adopting a broad interpretation of the word "employment" in Title VII's exemption for religious organizations, the Fourth Circuit nullified the employee’s workplace harassment, retaliation, and discriminatory…
Aug 10
Fourth Circuit Holds that Baltimore City Employee Presents Strong Case of Sexual Harassment

Fourth Circuit Holds that Baltimore City Employee Presents Strong Case of Sexual Harassment

Sexual Harassment Decision Reversed: While some of my employment lawyer colleagues may disagree, in my view a definite change has come to the Fourth Circuit in its willingness to overturn federal district court decisions favorable to…

Rank this Week: 3966

Tennessee Labor Talk

By Bass, Berry & Sims PLC.

http://www.tennesseelabortalk.com

May 13
NLRB Notice Rule Violates First Amendment

NLRB Notice Rule Violates First Amendment

On May 7, the U.S. Court of Appeals for the District of Columbia struck down the NLRB’s 2011 rule requiring businesses to post notice of employee rights under the National Labor Relations Act. The court found that the rule violated the…
Apr 16
Seemingly “Right” Process Cannot Save “Wrong Result”

Seemingly “Right” Process Cannot Save “Wrong Result”

An employer received a report of a manager harassing his subordinates. The employer appears to take all the right steps: 1) conducting an investigation; 2) involving several higher-level managers in the decision-making process;…
Apr 11
Successor Liability in “Asset Deal” Extends to Wage/Hour Liability

Successor Liability in “Asset Deal” Extends to Wage/Hour Liability

The Seventh Circuit recently held that a purchaser in an “asset deal” of a business in receivership was found to be a successor employer for the purposes of a $500,000 wage/hour settlement. The liability was imposed on the…

Rank this Week: 4152

Law Offices of Joseph C. Markowitz

Discusses civil procedure, trial practice, employment law and other issues.

http://www.jcmarkowitz.com/

Jan 24
More changes coming to state court

More changes coming to state court

The grand unwelcome budget-cutting experiment in which California courts are currently engaged may result in the undoing of reforms courts have developed over the past several decades to better manage their caseloads. Ideas that both the…
Jan 2
Anatomy of a negotiation

Anatomy of a negotiation

The "fiscal cliff" negotiations of the last couple of months present an interesting case study showing the stages of negotiation usually necessary to make a deal. Congress set the process in motion more than a year ago with a budget agreement…
Dec 19
Planned Early Negotiation

Planned Early Negotiation

Abraham Lincoln, who was a famous trial lawyer before he became a famous president, is supposed to have said: Discourage litigation. Persuade your neighbors to compromise whenever you can. As a peacemaker the lawyer has superior opportunity…

Rank this Week: 4030

California Labor and Employment…

California Labor and Employment Law

Covers employment discrimination, retaliation, and arbitration. By Eugene Lee.

http://www.calaborlaw.com

Jan 19
What Happens to Huge Verdicts AFTER the Headline

What Happens to Huge Verdicts AFTER the Headline

Multi-million dollar verdicts routinely headline the news. But what few seem to know is what happens to those verdicts long after the jury and the public have moved on. More often than not, those verdicts get cut down to size or get lost in a…
Jan 6
Largest Sexual Harassment Verdict in History – $168 Million

Largest Sexual Harassment Verdict in History – $168 Million

A Sacramento hospital has the dubious distinction of being hit with what may be the largest sexual harassment verdict in history. On August 7, 2008, Mercy General Hospital terminated Ani Chopourian, a 45-year-old former cardiac surgery…
Dec 24
Need Your Faith in Humanity Reaffirmed?

Need Your Faith in Humanity Reaffirmed?

Sometimes I go for days without opening a newspaper. It gets downright depressing reading about all the school shootings, political gridlock and homicides. But every now and then, I come across something that actually reaffirms my faith in…

Rank this Week: 4104

Aaron Morris' Business Law Alert

Provides information and insight for businesses.

http://www.businesslawalert.com/

Aug 21
Simple Legal Concept Eludes Many Attorney

Simple Legal Concept Eludes Many Attorney

The case of former Desperate Housewife, Nicolette Sheridan, illustrates a simple legal concept that escapes many attorneys and their clients. Your case has to make sense.
Aug 21
Simple Legal Concept Alludes Many Attorney

Simple Legal Concept Alludes Many Attorney

The case of former Desperate Housewife, Nicolette Sheridan, illustrates a simple legal concept that escapes many attorneys and their clients. Your case has to make sense.
Apr 30
You Are Not Without Remedies if Someone Defames Your Busine

You Are Not Without Remedies if Someone Defames Your Busine

I believe in freedom of speech. I fight for freedom of speech. I feel that I must tell you that up front because every time I report a victory in court on a defamation action, I inevitably get some push back, as though I am preventing someone…

Rank this Week: 4003

New York Employment Lawyer Blog

Published By Jeffrey T. Rosenberg, Esq.

http://www.newyorkemploymentlawyer-blog.com/

Apr 6
What is the Davis-Bacon Act?

What is the Davis-Bacon Act?

The Davis-Bacon Act ("Act") applies to contractors and subcontractors working on federally funded or assisted contracts in excess of $2,000 for the construction, alteration, or repair (including painting and decorating) of public buildings or…
Mar 25
Second Circuit (Federal Court Controlling New York) Clarifies When The 90-Day Statute of Limitations For Bringing An Employment Discrimination Suit Begins To Run

Second Circuit (Federal Court Controlling New York) Clarifies When The 90-Day Statute of Limitations For Bringing An Employment Discrimination Suit Begins To Run

In Tiberio v. Allergy Asthma Immunology of Rochester, (2d Cir. December 20, 2011), the United States Court of Appeals for the Second Circuit recently clarified when the 90-day statute of limitations for bringing a federal employment…
Mar 19
Are Employment Arbitration Agreements that Contain Class Action and Collective Action Waivers Enforceable in New York?

Are Employment Arbitration Agreements that Contain Class Action and Collective Action Waivers Enforceable in New York?

In AT&T Mobility v. Concepcion, 131 S. Ct. 1740 (April 27, 2011), the U.S. Supreme Court held that the Federal Arbitration Act ("FAA") preempts state law that imposes particular restrictions on arbitration provisions, and held that a contract…

Rank this Week: 4114

Take This Job N Shove It Blog

Covers employee rights issues. By Behren Law Firm.

http://takethisjobnshoveitblog.com/

Feb 1
HUD Creates Laws to Protect LGBT from Housing Discrimination

HUD Creates Laws to Protect LGBT from Housing Discrimination

While Federal discrimination laws do not currently protect LGBT employees (although they are protected by many local county ordinances in Florida), The Secretary of Housing and Urban Development has taken efforts to ensure that Gay, Bisexual…
Dec 20
Walmart Pays $275,000 to Settle ADA Case Brought by Man Fired With Cancer

Walmart Pays $275,000 to Settle ADA Case Brought by Man Fired With Cancer

A consent decree agreement entered Thursday in federal court resolves a disability discrimination lawsuit against Wal-Mart Stores Inc., filed by the U.S. Equal Employment Opportunity Commission (EEOC) last year on behalf of former employee…
Dec 16
Estero, Florida Cheerleading Coach Fired for Second Job at Hooters-Was She Too Sexy to Coach?

Estero, Florida Cheerleading Coach Fired for Second Job at Hooters-Was She Too Sexy to Coach?

Is having a second job at Hooters in order to pay your bills and support your children enough to terminate your employment? Is there a claim for gender or familial status discrimination where a single mother holds this type of job to…

Rank this Week: 4106

Job Matters Blog

Provides information for employees and consumers on their legal rights in employment matters. By Gordon Leech.

http://jobmatters.info

Dec 21
New Employee Protections in Wisconsin for Reporting Suspected Child Abuse

New Employee Protections in Wisconsin for Reporting Suspected Child Abuse

As of December 9, 2011, new changes in Wisconsin law provide greater protection to employees that report suspected child abuse. 2011 Wisconsin Act 81 enlarged both the scope of employees protected and the nature of adverse employment actions…
Oct 20
Wisconsin Family Medical Leave Includes Domestic Partner

Wisconsin Family Medical Leave Includes Domestic Partner

As of June 29, 2009, the Wisconsin Family and Medical Leave Act (WFMLA) includes protecting employees that need leave for a domestic partner. The WFMLA is at sec. 103.10 of the Wisconsin Statutes. This law provides additional protections not…
Mar 22
Verbal Complaint About Unpaid Overtime & Minimum Wages Are Protected by the Fair Labor Standards Act

Verbal Complaint About Unpaid Overtime & Minimum Wages Are Protected by the Fair Labor Standards Act

The U.S. Supreme Court decided that both verbal and written complaints by an employee about violations of the Fair Labor Standards Act (“FLSA”) are considered protected conduct under the anti-retaliation provisions of the law. These…

Rank this Week: 4084

The Utah Employment Lawyer

Covers legislative and court cases affecting Utah employers and employees. By D. Scott Crook.

http://theutahemploymentlawyer.blogspot.com/

Nov 30
Tenth Circuit: Lilly Ledbetter Fair Pay Act Tolls the Statute of Limitations on Claims for Discriminatory Compensation

Tenth Circuit: Lilly Ledbetter Fair Pay Act Tolls the Statute of Limitations on Claims for Discriminatory Compensation

In Almond v.
Nov 30
Utah Court of Appeals: Former Orem City Treasury Division Manager a Merit Employee Required to Appeal City Decision to Utah Court of Appeal

Utah Court of Appeals: Former Orem City Treasury Division Manager a Merit Employee Required to Appeal City Decision to Utah Court of Appeal

In Kocherhans v.
Nov 23
Utah Court of Appeals: Court "Takes Issue" with Workforce Appeals Board's Use of Unintroduced Computer Records to Overturn ALJ Decision

Utah Court of Appeals: Court "Takes Issue" with Workforce Appeals Board's Use of Unintroduced Computer Records to Overturn ALJ Decision

In Swenson v.

Rank this Week: 4058

The Federal FMLA Blog

Covers Family and Medical Leave Act developments affecting the federal sector. By Carl Bosland.

http://federalfmla.typepad.com/federal_fmla_blog/

Jan 7
"Heads-Up" that Employee "Might" Need FMLA Leave Insufficient to Invoke FMLA Protection

"Heads-Up" that Employee "Might" Need FMLA Leave Insufficient to Invoke FMLA Protection

Upon learning that his wife was pregnancy and due in early 2008, Chad Wilson told his supervisor that he might need to take leave to care for his newborn if his mother-in-law was unavailable. Wilson was subsequently terminated for…
Nov 29
OPM Issues Proposed Qualifying Exigency Military Family Leave Regulation

OPM Issues Proposed Qualifying Exigency Military Family Leave Regulation

On November 19, 2010, the US OPM published proposed regulations governing qualifying exigency military family leave (QE leave). SEe 75 FR 70845-70850 (Nov.
Oct 8
OPM Advises Agencies to Use Revised DOL Medical Certification Forms: Proceed with Caution!

OPM Advises Agencies to Use Revised DOL Medical Certification Forms: Proceed with Caution!

On September 16, 2010, OPM announced that it was encouraging federal agencies to use the new DOL medical certification forms WH-380E (for the employee's own serious health condition) and WH-380F (for the serious health condition of covered…

Rank this Week: 4074

Laboring Away at the Institute

Covers labor, organization transformation, and politics. By Phillip Wilson.

http://laboringattheinstitute.blogspot.com/

Jul 21
Just Published: Employee Free Choice Act White Paper on How To Win 5-Day Election

Just Published: Employee Free Choice Act White Paper on How To Win 5-Day Election

We just published a new White Paper called: How to Win (and Prevent) a 5-Day Election: Strategies for Success in a Changed Labor Law EnvironmentYou can read about it and download your own FREE copy of this 15-page report by clicking here.
Jul 17
Breaking News: EFCA Compromise Announced - 5 Day Elections and Organizer Acce

Breaking News: EFCA Compromise Announced - 5 Day Elections and Organizer Acce

This morning's New York Times is reporting that key US Senators have reached a compromise with labor unions that will have the 60 votes needed to pass. Read the details here. They anticipate a vote in September. Stay tuned - we will let you…
Jul 12
Hayes Nominated - Emloyee Free Choice Act Next?

Hayes Nominated - Emloyee Free Choice Act Next?

This week President Obama announced that Brian Hayes is his Republican nominee to fill the last remaining open seat on the National Labor Relations Board. Historically the Board appointments get voted on as a "package deal" to make sure the…

Rank this Week: 3994

Update on Employment Law

By Jennifer Weil.

http://attorneyweil.wordpress.com

May 13
Leaving work for medical reasons? Document, document, document…

Leaving work for medical reasons? Document, document, document…

Image via Wikipedia Can you qualify for unemployment benefits if you leave work for health or medical reasons? Yes, under certain circumstances. In a recent case, a 37-year Verizon employee tried to do just that, but the Superior Court…
Apr 2
Immigrant without valid work permit cannot collect unemployment

Immigrant without valid work permit cannot collect unemployment

Image via
Mar 6
Furniture retailer not truckers exempt from overtime law, NJ court say

Furniture retailer not truckers exempt from overtime law, NJ court say

Image via

Rank this Week: 4022

Employment Update

Covers current issues in employment, labor and benefits law. By Schwabe Williamson & Wyatt.

http://employmentupdate.schwabeblog.com/

Mar 20
Employers Beware: Portland City Council Passes Sick Leave Mandate

Employers Beware: Portland City Council Passes Sick Leave Mandate

By Leora Coleman-Fire, Attorney The City of Portland joined Seattle, San Francisco, Washington D.C., and the State of Connecticut when the Portland City Council unanimously passed a paid sick leave ordinance on March 13, 2013. The ordinance…
Mar 8
Employers Required to Use New Form I-9‎

Employers Required to Use New Form I-9‎

By Bradley Maier, Attorney On March 8, 2013, U.S. Citizenship and Immigration Service (”USCIS”) announced that a new Form I-9, Employment Eligibility Verification Form, is now available for use (Rev. 03/08/13, expiration date…
Mar 7
New Family and Medical Leave Act (”FMLA”) Poster, ‎Forms, and Expanded Leave Take Effect March 8, 2013‎

New Family and Medical Leave Act (”FMLA”) Poster, ‎Forms, and Expanded Leave Take Effect March 8, 2013‎

By Leora Coleman-Fire, Attorney The Department of Labor (”DOL”) published a final rule that makes significant changes to the FMLA ‎effective on March 8, 2013. Employers covered by the FMLA include private-sector employers with…

Rank this Week: 4187

Wisconsin-Consumer Blog

Information for consumers on their legal rights in consumer and employment matters. By Gordon Leech.

http://wisconsin-consumer.com/

Feb 6
How to Secure Your Credit Reports After Identity Theft under Wisconsin Law

How to Secure Your Credit Reports After Identity Theft under Wisconsin Law

If you are a Wisconsin resident and the victim of identity theft or fraud, you have the right to place Security Freeze on your consumer files with the 3 national consumer credit reporting agencies, Equifax, TransUnion and Experian. This makes…
Feb 6
How to Secure Your Credit Reports After Identity Theft under Federal Law

How to Secure Your Credit Reports After Identity Theft under Federal Law

If you are the victim of identity theft or fraud, you have the right to place a fraud alert on your consumer files with the 3 national consumer credit reporting agencies, Equifax, TransUnion and Experian. This makes it harder for ……
Oct 29
Getting Fired for Taking Time Off to Vote in Wisconsin

Getting Fired for Taking Time Off to Vote in Wisconsin

Can I take time off from work at my job to vote in Wisconsin without getting fired? Do you know the answer to that question? Take a look at our article, Time to Vote, Your Job and Your Rights in … Continue reading →The post…

Rank this Week: 4219

Kansas City Employment Lawyer Blog

Covers overtime, minimum wage and the Fair Labor Standards Act, By Brady & Associates

http://www.kansascityemploymentlawyerblog.com/

Mar 21
"Tip Pooling" Leads To Lawsuit Against Famous Steak House

"Tip Pooling" Leads To Lawsuit Against Famous Steak House

Four former waiters with the famous Peter Luger Steak House in Great Neck, New York are suing the company, claiming the restaurant failed to pay them overtime and minimum wage for work done as far back as 2007. The lawsuit, which was filed…
Feb 28
Lady Gaga And The Fair Labor Standards Act

Lady Gaga And The Fair Labor Standards Act

A former personal assistant of Lady Gaga recently filed a lawsuit against the entertainer and her touring company claiming she was denied hundreds of thousands of dollars in overtime pay under the federal Fair Labor Standards Act (FLSA).…
Feb 22
Case Against Fox Could Spell Big Changes For Internship Programs Across The Country

Case Against Fox Could Spell Big Changes For Internship Programs Across The Country

A potentially game changing case is making its way towards a conclusion in California and it could have a serious impact on how internship programs across the country are managed. The case was launched back in September of 2011 by two…

Rank this Week: 4320

Nolo's Employment Law Blog

Covers employment discrimination, harassment, FMLA, and workplace rules. By Nolo.

http://blog.nolo.com/employment/

Jun 28
Supreme Court Upholds Healthcare Reform

Supreme Court Upholds Healthcare Reform

In a fairly major surprise, a slim and somewhat unusual majority of the Supreme Court today upheld the individual mandate of President Obama’s Affordable Care Act. You can find more information in my article, Health Care Law Upheld by…
Jun 19
Supreme Court: Pharmaceutical Reps Not Entitled to Overtime

Supreme Court: Pharmaceutical Reps Not Entitled to Overtime

In a 5-4 split, the Supreme Court decided yesterday that pharmaceutical detailers qualify as outside salespeople and are therefore not entitled to overtime pay. This case was closely watched in the pharmaceutical industry, which estimated…
Jun 11
No More 99ers: Federal Extensions of Unemployment Benefits Shortened

No More 99ers: Federal Extensions of Unemployment Benefits Shortened

When unemployment rates are high, Congress has generally responded by passing legislation to supplement state unemployment insurance benefits. In keeping with this tradition, Congress passed the Emergency Unemployment Compensation (EUC)…

Rank this Week: 4346