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Wage Law

Covers California wage and hour law. By Walsh & Walsh.

http://wagelaw.typepad.com/wage_law/

Aug 17
Federal Minimum Wage Increase

The federal minimum wage under the Fair Labor Standards Act, formerly $6.55 per hour, increased to $7.25 on Friday, July 24, 2009. With this change, employees who are covered by the federal Fair Labor Standards Act will be entitled to be paid no less than $7.25 per hour. Tipped employees and certain other workers are exempt or subject to different standards. This increase is the last of three provided by the enactment of the Fair Minimum Wage Act of 2007. In California, the minimum wage under... Posted on August 17, 2009 at 02:21 pm by Walsh & Walsh, P.C.
Jun 1
Court Approves $85 Million Settlement Involving Wal-Mart Wage Disputes

U.S. District Judge Philip M. Pro has given preliminary approval to an $85 million wage and hour class action settlement resolving 30 cases against Wal-Mart Stores Inc. in coordinated proceedings entitled In Re: Wal-Mart Wage and Hour Employment Practices Litigation, MDL 1735, U.S. District Court, District of Nevada (Las Vegas). The approval covers just part of a larger $640 million settlement reached last December. Posted on June 1, 2009 at 11:00 am by Walsh & Walsh, P.C.
Jun 1
Sonic-Calabasas A - Binding Arbitration Agreement Compels Dismissal of Berman Proceedings

In Sonic-Calabasas A, Inc. dba Acura 101 West v. Moreno (2009) __ Cal.App.4th __, the Court of Appeal considered whether an admittedly valid employment arbitration agreement that is governed by the Federal Arbitration Act may be enforced to dismiss an employee's administrative wage claim against his former employer for unpaid vacation pay. The employee brought the claim with the Labor Commissioner according to the "Berman" process provided in Labor Code &#xc2&#xa7&#xc2&#xa7 98 et seq. The employer responded... Posted on June 1, 2009 at 06:00 am by Walsh & Walsh, P.C.

Rank This Week: 30

Florida Estate Planning Lawyer...

Florida Estate Planning Lawyer Blog

Covers estate planning, probate, taxes, elder law, business law and employment law issues. Published by Jacksonville, Florida estate planning lawyer, David M. Goldman.

http://www.floridaestateplanninglawyerblog.com/

Nov 5
Duval County Florida Foreclosures

Duval County was one of the top locations in Florida for Foreclosures in Florida in September 2009. With over 55000 foreclosures in Florida this month Duval County Ranked number 7 in the state.Jacksonville had 2299 Jacksonville Beach had 64... Posted on November 5, 2009 at 01:20 pm by David M. Goldman
Nov 5
Jacksonville Foreclosure Defense Lawyer Information

Jacksonville Foreclosure Lawyers from the Apple Law Firm will be attending a workshop in Jacksonville Florida on Defending Foreclosures in Florida on Friday November 6th. April Charney, a nationally recognized foreclosure expert will be featured at the foreclosure workshop.... Posted on November 5, 2009 at 06:58 am by David M. Goldman
Nov 5
Floirda Foreclosure: Working with Mortgage Company on Loan Modification

Florida Foreclosure and Loan Modification Question I've been served with a complaint for foreclosure, but I have been working with my mortgage company on a loan modification, do I really need to respond? Response It is important to respond to... Posted on November 5, 2009 at 06:22 am by David M. Goldman

Rank This Week: 67

NLRB Law Memo

Covers National Labor Relations Board decision. By Ross Runkel.

http://www.lawmemo.com/nlrb/memo/

Jul 17
NLRB Law Memo 07/17/2009

NLRB Law Memo 07/17/2009 by LawMemo - First in Employment Law. Also by email. NLRB - Staff summarized 1 decision. Jackson Hospital Corp. d/b/a Kentucky River Medical Center (9-CA-37734, et al.; 354 NLRB No. 42) Jackson, KY, July 9, 2009. The Board affirmed, with some modified rationale, the administrative law judge's determinations regarding discriminatee Melissa Turner's eligibility for reinstatement and backpay. The Board primarily addressed the effect of Turner's post-discharge felony drug... Posted on July 17, 2009 at 09:03 am
Jul 8
NLRB Law Memo 07/08/2009

NLRB Law Memo 07/08/2009 by LawMemo - First in Employment Law. Also by email. NLRB - Staff summarized 1 decision. Detroit Legal News Co., d/b/a Inland Press (7-CA-50893, 354 NLRB No. 36) Detroit, MI, June 26, 2009. The Board affirmed the administrative law judge's finding that the Respondent's statement to David W. Snyder that it refused to hire him because he took "every problem to the union" violated Section 8(a)(1) of the Act. The Board also found that the Respondent's refusal to hire Snyder... Posted on July 8, 2009 at 09:11 pm
Jun 19
NLRB Law Memo 06/19/2009

NLRB Law Memo 06/19/2009 by LawMemo - First in Employment Law. Also by email. NLRB - Staff summarized 1 decision. A & C Healthcare Services, Inc. (20-CA-33588, 33780; 354 NLRB No. 33) Millbrae, CA, June 8, 2009. The Board adopted the administrative law judge's findings that the Respondent violated Section 8(a)(5) and (1) of the Act by: (1) refusing to recognize and bargain with the Union from sometime prior to Nov. 8, 2007 until Jan. 3, 2008, and (2) making unilateral changes in the unit... Posted on June 19, 2009 at 08:32 am

Rank This Week: 72

California Labor & Employment...

California Labor & Employment Law Blog

Covers arbitration agreements, discrimination, harassment, retaliation, hiring, termination, employee leave, and wage and hour issues. By Carlton DiSante & Freudenberger.

http://www.callaborlaw.com/

Nov 6
Party Claiming Misappropriation Must Identify Trade Secrets

By Robin E. Weideman California employers who have litigated claims for misappropriation of trade secrets are likely familiar with the requirement that the party claiming its trade secrets were misappropriated must identify, with "reasonable particularity," the trade secrets that were misappropriated. Until this identification is made, that party cannot take discovery from the other side regarding the trade secret claims. A California court reiterated this principle this week in Perlan... Posted on November 6, 2009 at 10:08 am
Nov 3
"Mixed-Motives" Defense Remains Available to California Employers in Discrimination Cases

By Kent J. Sprinkle A California Court of Appeal recently held that the "mixed-motive" defense remains good law for California employers. In Harris v. City of Santa Monica, the Plaintiff was a bus driver employed by the City as a "probationary employee," an at-will position. The Plaintiff had several documented performance issues, including preventable accidents and reporting late to work, during her at-will probationary period. After the City had conducted an investigation regarding the... Posted on November 3, 2009 at 04:51 pm
Nov 2
Reminder: Immigration Law Seminar This Week

As a reminder, CDF LLP is hosting two complimentary immigration law seminars this week in Southern California. The first is at our Orange County office on November 4, and the second is at our San Diego office on November 6. The seminar will cover the following topics: Complying with the new I-9 Regulations: They are Driving Me Crazy! E-Verify: Everything You Wanted to Know But Were Afraid to Ask! ICE Enforcement: How to Keep Things Cool at Your Company! Visas: I am Dizzy - Just Tell Me What I... Posted on November 2, 2009 at 01:22 pm

Rank This Week: 73

The Journal of the Business Law...

The Journal of the Business Law Society

Covers recent developments affecting business law . By the students of the University of Illinois College of Law.

http://www.law.uiuc.edu/bljournal/

Nov 5
Implications of the Genetic Information Nondiscrimination Act (GINA) on Professional Sports

I. Introduction The sports business industry is one of the largest and fastest growing industries in the United States. In fact, the Sports Business Journal estimates the size of the sports business industry to be $213 billion in the United States alone. [1] Furthermore, sports business law is a dynamic field of law with new issues arising on an almost daily basis due to courts decisions, new legislation, and regulation. [2] One piece of new legislation, the Genetic Information... Posted on November 5, 2009 at 03:59 pm
Nov 3
Deficient in Deficiencies: The Potential Effects of the Refusal to Uphold Full-Recourse, Residential Real Estate Loans

I. Introduction Foreclosures have taken on a new significance in the last few years as a result of the financial crisis. This has the led the finer points of the foreclosure proceedings to become extremely important for many lenders, and for many borrowers in default. One potentially important practice is the oft-rumored, but rarely documented routine of certain judges to simply refuse to grant any deficiency judgments in personal foreclosures. Cases have been brought before higher courts... Posted on November 3, 2009 at 03:06 pm
Nov 2
The Lisbon Treaty: Implications for the United States

I. Introduction The Czech Republic is the last of 27 European Union member states left to sign the Lisbon Treaty, also known as the Reform Treaty. [1] It is anticipated to be ratified by the end of 2009 and go into effect January 1, 2010. [2] The Treaty is an attempt to amend the two main Treaties that currently govern the European Union (EU), [3] with qualities very similar to a European constitution. [4] If the Treaty is ratified, it will dramatically affect the United States' place on the... Posted on November 2, 2009 at 11:31 pm

Rank This Week: 78

Ohio Employer's Law Blog

Provides updates and commentary on current employment law headlines and topics. By Kohrman Jackson & Krantz.

http://ohioemploymentlaw.blogspot.com/

Nov 6
WIRTW #102

I'm in Washington D.C. at the ABA's annual Labor & Employment Conference. Consequently, my post paying off my debt to Dan Schwartz genuflecting before the alter of the New York Yankees is delayed until Monday. In the meantime, enjoy the best of this week's posts from elsewhere around the web. Thanks to Molly DiBianca for again including me in her yearly list of the top Employment Law Blogs. Her list (and her entire blog, for that matter) is an excellent resource for employers. The U.S.... Posted on November 6, 2009 at 01:05 am by Jon Hyman
Nov 4
Context is key in employment cases

The Phillies stand on the precipice of elimination as they head into Game 6 tonight. And, if Pedro Martinez can turn back the clock 10 years for one more start, the Phils's likely Game 7 starter, Cole Hamels, has some 'splainin' to do. After the Game 4 loss, Hamels, who has failed to live up to the successes of his 2008 campaign, was quoted as follows: "I can't wait for it to end. It's been mentally draining. It's one of those things where, a year in, you just can't wait for a fresh start."... Posted on November 4, 2009 at 01:23 am by Jon Hyman
Nov 3
Do you know? Promissory estoppel versus at-will employment

In Ohio, the default rule governing employment relationships is employment at-will. Under at-will employment, unless otherwise agreed, either the employer or the employee can terminate the employment relationship at any time and for any reason. Promissory estoppel is one exception to the general rule of at-will employment. It is defined as "a promise which the promisor should reasonably expect to induce action or forbearance on the part of the promisee or a third person and which does induce... Posted on November 3, 2009 at 12:52 am by Jon Hyman

Rank This Week: 88

The Laconic Law Blog

Comments on Virginia employment law. By the Welter Law Firm, P.C.

http://welterlaw.com/blog

Jul 15
Tidbits

Some labor & employment law tidbits after the break. The National Law Journal has a short piece on last term's Supreme Court employment decisions. The D.C. Circuit has issued a decision reviewing the NLRB's Register Guard decision involving employee use of email. Workplace Prof Blog has an update here. The issue of whether the use of email constitutes protected activity under Section 7 - a position rejected by the Board - awaits judicial review for another day as the issue was not presented... Posted on July 15, 2009 at 10:33 am by admin
Jul 14
4th Circuit Affirms Jury Award To Warden

In Anthony v. Ward, the Fourth Circuit affirmed a jury award of $510,000 to plaintiff Calvin Anthony, former warden of Lee Correctional Institution in South Carolina. The judgment by the federal district court found defendants Robert Ward and Charles Sheppard, officials of the South Carolina Department of Corrections (SCDC), guilty of civil conspiracy under South Carolina law. On appeal, the Fourth Circuit upheld the judgment, finding that the defendants conspired to force Anthony's... Posted on July 14, 2009 at 07:28 am by admin
Jul 10
Administration Announces Support For E-Verify

According to a DHS press release: "Department of Homeland Security (DHS) Secretary Janet Napolitano today strengthened employment eligibility verification by announcing the Administration's support for a regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. The declaration came as Secretary Napolitano announced the Department's intention to rescind the Social Security No-Match Rule, which has never been implemented and has been... Posted on July 10, 2009 at 06:50 am by admin

Rank This Week: 110

Connecticut Employment Law Blog

Features developments in labor and employment law. By Daniel A. Schwartz.

http://www.ctemploymentlawblog.com/

Nov 6
What Employers Should Know About Google Wave Now

A few weeks ago, Google launched a limited preview of a new communication tool called "Google Wave". As Google explains it: "Google Wave is an online tool for real-time communication and collaboration. A wave can be both a conversation and a document where people can discuss and work together using richly formatted text, photos, videos, maps, and more." I like this explanation: Google Wave is a real-time communication platform. It combines aspects of email, instant messaging, wikis, web chat,... Posted on November 6, 2009 at 06:26 am
Nov 5
"Are You My Employee?": Next Webinar Set on Unintentional Employment Relationships

Over several generations now, parents and their kids have been enthralled and entranced with the readings of the classic children's book - "Are You My Mother?" Put that same question in the employment context and you get the title to the next free webinar I'm producing -- entitled "Are You My Employee? Normally, we do these webinars on the 2d Wednesday of every month but in honor of Veteran's Day next week, we have scheduled a special time for this presentation November 19th at noon EST. The... Posted on November 5, 2009 at 10:48 am
Nov 5
Want Some Great Reference Materials? ABA Labor & Employment Law Section Materials Now Online

Last year I attended and spoke at the Annual Meeting of the American Bar Association Labor & Employment Law Section. Over the last few years, the meeting has developed into one of the premier conferences to keep up to date on labor and employment law. This year's meeting is now going on in Washington, D.C. Although I'm unable to attend, the conference materials are now available for free download from the ABA's website. It's a tremendous resource and I strongly recommend attorneys and... Posted on November 5, 2009 at 05:46 am

Rank This Week: 127

Adjunct Law Prof Blog

Focuses on issues of interest to adjunct law professors, including labor law, employment law, employee benefits law and education law issues. By Adjunct Law Professor Mitchell H. Rubinstein.

http://lawprofessors.typepad.com/adjunctprofs/

Nov 5
PAID SICK LEAVE LEGISLATION PROPOSED TO DEAL WITH FLU PANDEMIC

Workers sent home sick with the swine flu or another contagious illness would be guaranteed up to five days' paid sick leave annually under congressional legislation proposed on November 3, 2009. A news article in the Democrat Chronicle about this... Posted on November 5, 2009 at 06:01 am by Adjunct LawProfs
Nov 5
So You Want To Be A U.S. Supreme Court Clerk

The Oct. 2009 ABA Journal has a very interesting article entitled Shedding Tiers. It describes how the job of Supreme Court Clerk is usually limited to graduates of the top 5 law schools. Justice Scalia was even quoted as such.... Posted on November 5, 2009 at 06:00 am by Adjunct LawProfs
Nov 5
NMB Proposes A Major Change In Voting Rules Under RLA

Workplace Prof Blog reported on November 4, 2009, that the NMB voted to change a major election rule under the Railway Labor Act. The new rule would, except in extraordinary circumstances, allow a union to be elected by a majority... Posted on November 5, 2009 at 06:00 am by Adjunct LawProfs

Rank This Week: 131

California Labor and Employment...

California Labor and Employment Defense Blog

Covers labor and employment law issues for employers. By Van Vleck Turner & Zaller.

http://www.vtzlawblog.com/

Oct 26
Ninth Circuit Authorizes a Practical "Alternative Workweek" Solution -- Parth v. Pomona Valley Hospital

In Parth v. Pomona Valley Hospital Medical Center, the Ninth Circuit authorized employers and employees to exercise some flexibility in attempting to work around the overtime requirements of the FLSA. In Parth, a group of nurses was originally assigned to work almost exclusively in 8-hour shifts. The majority of the nurses, however, "preferred working 12-hour shifts in order to have more days away from the hospital." As a result, the Company implemented a new pay plan. The pay plan provided... Posted on October 26, 2009 at 11:05 am
Oct 10
Employees Are Not Required to Exhaust Internal Expense Reimbursement Procedures Before Suing -- Stuart v. RadioShack

California employees have a right to be reimbursed for their work related expenses, such as business travel, equipment, materials, training, and even legal expenses. On the other hand, companies typically have their own deadlines, rules, special forms, and other procedural requirements which must be followed in order to request and receive reimbursement. So what happens when an employee sues for reimbursement and the Company argues that his claim should fail because he did not make a proper... Posted on October 10, 2009 at 11:06 am
Oct 4
Dan Rather's Wrongful Termination Suit Against CBS is Dismissed Pursuant to "Pay or Play" Clause

Dan Rather was famously terminated following his 2004 "60 Minutes II" report which used forged documents to accuse George W. Bush of evading military service. And a New York State Appellate Court has just dismissed the last remnants of Rather's wrongful termination lawsuit against the network. After the 2004 scandal, CBS had continued to pay Rather's $6 million salary even while it stopped using his services for any on-air broadcasts. Once he was formally terminated in June 2006, CBS... Posted on October 4, 2009 at 08:56 pm

Rank This Week: 167

What's New in Employment Law?

Focuses on employment law developments, particularly in California.

http://shawvalenza.blogspot.com/index.html

Nov 4
Anybody See a Top 100 Employment Law Blog?

Who us? I mean, of COURSE it's us. Well, thanks for the honor, Delaware Employment Law Blog. We like you too.SHAW VALENZA LLP - http://shawvalenza.com Posted on November 4, 2009 at 09:26 am
Nov 2
California Supreme Court Upholds Bonus Plan's Forfeiture

Can a bonus plan provide for forfeiture of unpaid bonus if an employee voluntarily leaves employment or is fired for cause? Yes, said the California Supreme Court. Money quote: "nothing in the public policy of this state concerning wages . . . transforms [a] contingent expectation of receiving bonuses into an entitlement." (Neisendorf, supra, 143 Cal.App.4th at p. 522.) Only when an employee satisfies the condition(s) precedent to receiving incentive compensation, which often includes remaining... Posted on November 2, 2009 at 09:01 pm
Nov 1
Mixed Motives in FEHA Cases

The U.S. Supreme Court in Gross v. FBL Fin. Servs. (blogged here) limited "mixed motive" cases under federal law. The Court said there is no need for that defense in age discrimination cases under the federal ADEA. Employees must prove "but-for" causation, so the employer need not prove it would have made the same decision with or without additional discriminatory motivation. The defense remains viable in discrimination cases brought under Title VII. Anyway, in California, the mixed motive is... Posted on November 1, 2009 at 08:11 am

Rank This Week: 202

The Word On Employment Law

Covers legal issues affecting the workplace. By John Phillips.

http://hrheroblogs.com/theword

Nov 6
Work Hard — HR Song of the Week

Depeche Mode, an English electronic band of the 1980's, introduces a dose (maybe an overdose) of reality into the workplace. "You got to work hard. . . . If you want anything at all. . . . Nothing comes easy but a broken back." But what happens when overworked workers overdo it? Posted on November 6, 2009 at 06:19 am by John Phillips
Nov 5
The Sensitive Nose of HR

When the serial rapist and registered sex offender was recently arrested in Cleveland and found to have had, so far, eleven decaying female bodies in his house, it was immediately said that someone should have noticed. The stench coming from the rapist's house and his clothes was so pungent that one of the arresting officers declared, "I can't figure [...] Posted on November 5, 2009 at 08:26 am by John Phillips
Nov 5
Making the Best of Apparent Failure

Cultural Offering has five terrific tips for what you should do when things don't go well. One usually has to pay for advice like this. Posted on November 5, 2009 at 07:14 am by John Phillips

Rank This Week: 212

New Jersey Employment Law Blog

Covers CEPA/whistleblower, ERISA, non-compete agreements, sexual harassment, Title VII, USERRA and workers compensation. By Steinberg Law Offices.

http://employment.lawfirmnewjersey.com/

Nov 4
Dumb Excuses for Missing Work - Vol. 1

"Oh what tangled webs we weave, When first we practice to deceive." So Sir Walter Scott told us in Marmion. (Yes, I too thought it was from Shakespeare, but a little research quickly disabused me of that notion.) Aaron Siebers, a Blockbuster employee in Colorado, apparently missed the class that covered the consequences of deception and tangled webs. In a nutshell, Mr. Siebers went skateboarding before reporting to work, while wearing his uniform pants. He fell and ripped them. Concerned about... Posted on November 4, 2009 at 07:15 am
Oct 29
Revised Posting Requirment - November 21 Deadline

A revised "Equal Employment Opportunity Is the Law" poster must be used by businesses with 15 or more employees, effective November 21. You can print the poster from the EEOC website. The revisions add information to take account of the the Genetic Information Nondiscrimination Act of 2008 and recent changes in disability regulations. Posted on October 29, 2009 at 08:07 am
Oct 28
Defecting Employees Destroy Successful New Business

Here's what happened to Charter Oak, a successful new mortgage business that didn't protect itself from its own employees. Ten of them left as a group for a larger competitor, allegedly stole files and pending deals, and basically decimated the business. Lacking non-compete, confidentiality, and non-solicitation agreements, Charter Oak lost in court. The case is now on appeal. It makes you think, doesn't it? Doubtless caught up in the euphoria of establishing a new business, Charter Oak's... Posted on October 28, 2009 at 07:52 am

Rank This Week: 213

Employer Law Report

Covers recent legal developments and trends affecting employers. By Porter Wright Morris & Arthur LLP.

http://www.employerlawreport.com/

Nov 5
Expansion of FMLA Entitlement for Military Families

The Family and Medical Leave Act has undergone yet another expansion. On October 27, 2009, President Obama signed H.R. 2647, known as the "Fiscal Year 2010 National Defense Authorization Act." This new law comes on the heels of new FMLA rights that were just drafted at the end of 2008 for employees with family members serving in the military. As we described at the time in 2008 Final Regulations for the FMLA: A Summary, the FMLA military leave provision effective at the beginning of 2009... Posted on November 5, 2009 at 08:40 am
Nov 5
Supreme Court Agrees to Consider Legality of Two-Member NLRB Rulings

As an update to my earlier post, the U.S. Supreme Court has recently agreed to consider whether the National Labor Relations Board, which was designed to have five members but has operated with just two members for the past 22 months, has the legal authority to issue two-member rulings in unfair labor practice and representation cases (New Process Steel LP v. NLRB, U.S., No. 08-1457, cert. granted 11/2/09). We will continue to update you on this case as it progresses. Posted on November 5, 2009 at 08:27 am
Oct 22
How Should the Ohio BWC and Industrial Commission Treat Claims for H1N1?

As concerns about the potential scope of the H1N1 flu continue to grow, one question we keep hearing from clients is whether employees who believe they have contracted H1N1 in the workplace may have compensable workers' compensation claims. In the vast majority of cases, we believe the answer will be a resounding "No." Ohio defines an occupational disease as: "a disease contracted in the course of employment, which by its causes and the characteristics of its manifestation or the condition of... Posted on October 22, 2009 at 01:51 pm

Rank This Week: 240

Thoughts from a Management Lawyer

Covers Canadian labour and employment law. By Michael Fitzgibbon.

http://labourlawblog.typepad.com/managementupdates/

Oct 24
Final Post on Distracted Driving in Ontario

You're going to have to pay a little more attention behind the wheel if your driving in or through Ontario. Bill 118 (an Countering Distracted Driving and Promoting Green Transportation Act, 2009) comes into force on Monday, October 26, 2009. The government has said that there will be a 3 month grace period during which time the focus will be on education rather than enforcement. The police will start issuing tickets starting on February 1, 2010. The Ministry of Transportation has some good... Posted on October 24, 2009 at 07:26 am by Michael Fitzgibbon
Oct 9
Keep on Trucking but Not Smoking in your Truck

The big news (also here) is the awarding of the 2009 Nobel Peace Prize to President Obama and that a trucker was fined $305 under the Smoke-Free Ontario Act for smoking in the workplace (his truck). The Act provides that "no person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace" and an enclosed workplace is defined as: (a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them, (i) that is covered by a... Posted on October 9, 2009 at 03:51 am by Michael Fitzgibbon
Oct 3
Multitasking Behind the Wheel in Ontario

On April 23 the Ontario legislature passed a bill (Bill 118) prohibiting anyone from holding or using a hand-held wireless communication device or other prescribed device that is capable of receiving or transmitting telephone communications, electronic data, mail or text messages. The Government announced that the law will come into force on October 26. According to the Toronto Star: But it will be Feb. 1 before drivers will be fined up to $500 for chatting, dialing, texting or emailing on... Posted on October 3, 2009 at 05:47 pm by Michael Fitzgibbon

Rank This Week: 277

Nolo's Employment Law Blog

Nolo’s Employment Law Blog

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

http://blogs.nolo.com/employmentlaw

Oct 27
FMLA Amendments in Defense Authorization Bill

It looks like the military family leave provisions of the FMLA are about to be amended. The National Defense Authorization Act of 2010, which is currently awaiting the President's signature, includes the Supporting Military Families Act. (You can find it at Section 565 of this massive piece of legislation, about 120 pages in.) This provision would make four key amendments to the FMLA: Qualifying exigency leave would be available to family members of those in the regular Armed Forces as well as... Posted on October 27, 2009 at 06:55 am
Oct 21
Will COBRA Subsidy Be Extended?

As the end of the year approaches, Congress and President Obama are considering whether to extend several important economic benefits to help ease the effects of the recession. For instance, the tax credit for first-time homebuyers, an $8,000 credit that one economist says will have resulted in 400,000 home sales during its tenure, is set to expire on December 1, 2009. Unemployment benefits are another topic of discussion: The House of Representatives has already passed a bill that would... Posted on October 21, 2009 at 07:16 am
Oct 14
Working Fewer Hours for Less Pay

Layoffs have been much in the news for more than a year, and with good reason: Unemployment has reached 9.8%, and is expected to continue growing in the months to come. But lost jobs aren't the only employment story of the economic downturn. Many struggling companies are trying to get more for less -- more work out of their employees for less money, that is. When companies combine layoffs with pay cuts and hour cuts, the inescapable result is that remaining employees have to work harder for... Posted on October 14, 2009 at 07:01 am

Rank This Week: 302

Workplace Prof Blog

Covers arbitration, disability, employment discrimination, labor law, public employment law and workplace safety. By Professors Richard Bales, Jeffrey M. Hirsch and Marcia L. McCormick.

http://lawprofessors.typepad.com/laborprof_blog/

Nov 5
Seton Hall Forum Deadline Reminder

A reminder that the deadline for submitting proposals to Seton Hall's Fourth Annual Employment & Labor Law Scholars Forum is fast approaching. The deadline for paper proposals is November 10, 2009. According to the organizers: The Forum will be held... Posted on November 5, 2009 at 09:07 pm by laborprof lpb
Nov 5
Gibb on Oakwood Trilogy

Tyler Gibb has an article forthcoming in the Michigan State University Journal of Medicine and Law that may be of interest to our readers: A Smack on the Chin or a Nibble? Content Analysis of the Impact of the Oakwood... Posted on November 5, 2009 at 08:27 pm by laborprof lpb
Nov 5
Griffith on The NLRA Defamation Defense

Kati Griffith (Cornell - ILR) has just posted on SSRN her article in the American University Law Review: The NLRA Defamation Defense: Doomed Dinosaur or Diamond in the Rough? Here is the abstract: With the National Labor Relations Act of... Posted on November 5, 2009 at 10:19 am by laborprof lpb

Rank This Week: 306

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/

Nov 5
Massachusetts Supreme Judicial Court clarifies standard for punitive damages in disparate treatment and hostile work environment cases

Generally, there are four components to the damages in a workplace discrimination case under G.L. c. 151B, Massachusetts' main workplace civil rights statute: front pay (the amount by which someone's future earnings are reduced by discrimination), back pay (the plaintiff's lost income from the time of the discrimination up to a jury verdict), emotional distress damages and attorney's fees. These damages are compensatory damages, designed to compensate the victim of discrimination for the actual... Posted on November 5, 2009 at 11:27 am by David Conforto
Nov 5
Computer Fraud and Abuse Act Being Used Against Employees

A law Congress passed to deter computer hackers is now being wielded by corporations in litigation against their former employees. The broad scope of this law is now on display in federal court here in Massachusetts. The Computer Fraud and Abuse Act ("CFAA") is a federal law that establishes civil liability for anyone who: "...knowingly and with the intent to defraud, accesses a protected computer without authorization, or exceeds authorized access, and by means of such conduct furthers the... Posted on November 5, 2009 at 10:19 am by David Conforto
Mar 7
Sarbanes-Oxley Interpreted by First Circuit for First Time

The First Circuit in Day v. Staples recently had its first opportunity to interpret the requirements under the whistleblower protection (18 U.S.C. &#xc2&#xa71514A) provision of the Sarbanes-Oxley Act ("SOX"). Kevin M. Day worked for Staples as a Reverse Logistics Analyst. Prior to his termination, Day voiced concerns about certain business practices that he believed to be unethical and unlawful: First, he claimed to his employer that Reverse Logistics issued monetary credits to customers without having... Posted on March 7, 2009 at 02:02 pm by David Conforto

Rank This Week: 307

New York Employment Lawyer Blog

Discusses age, employment, racial, and sexual discrimination. By the Ottinger Firm.

http://www.newyorkemploymentlawyerblog.com/

Aug 15
Helpful Check List for Employees Considering Severance Packages

As unemployment reaches record numbers and more people are considering severance packages, the EEOC has just published a checklist for employees. The document is entitled "Employee Check List: What to do When Your Employer Offers you a Severance Agreement." Click here to see the checklist. Tell a friend. It is a good resource for people who are trying to make sense of their severance agreements. The EEOC did miss a key point in their checklist. Sometimes employers will enhance the package by... Posted on August 15, 2009 at 05:42 am
Aug 14
Boat Captain Wins Pregnancy Discrimination Case

Being pregnant is tough enough, getting fired while pregnant or during maternity leave makes it tougher. But Zibute Scherl, a boat captain who was fired while pregnant, refused to abandon ship. She sued her employer for pregnancy discrimination and won $85,000 in emotional distress, repayment of all lost wages and her employer was fined an additional $25,000. The decision was issued on July 15, 2009. Zibute Scherl was a Second Captain on a yacht. After she became pregnant, her boss expressed... Posted on August 14, 2009 at 09:44 pm
Aug 13
Understanding the Basics of Retaliation in New York City

Retaliation cases are probably the easiest cases for employees to win. To help you understand what kind of facts can lead to a retaliation case, I will set out the 3 basic elements here. It is pretty simple. 1. Protected Activity First, you need to have engaged in protected activity. This means that you need to have made a complaint to someone in the company (like your boss or HR) about a potential violation of your rights such as employment discrimination (age, gender, pregnancy etc...),... Posted on August 13, 2009 at 04:01 am

Rank This Week: 357

George's Employment Blawg

Features news, analysis and comments on labor & employment law, human resources, and other work-related topics. By George Lenard.

http://www.employmentblawg.com

Aug 4
Motoring With Your Career

photo credit: Marshall Astor via flickr This guest post is by Peter Weddle of WEDDLE's, "your guide to resources for employment, personal development and career success." Changing Perspectives on Careers A recent survey by eFinancialCareers found a surprising shift in the career outlook of financial professionals. A whopping two-thirds of the respondents said they would be willing to abandon the go-go, money-is-everything environment of Wall Street for a career in the now emerging field of... Posted on August 4, 2009 at 11:47 am by George Lenard
Jul 12
How’s Your Job Search Going?

The following guest post is by Kevin DonlinDoes Your Job Search Need a Jump-Start? If so, it pays to sit down and analyze your situation. You should carefully question everything you're doing. Careful, though - the wrong questions can be harmful to your career health. Example: Never ask yourself questions like, Why can't I find a job? Or, Why won't anyone hire me? Such "Why" questions will prompt your brain to give you excuses instead of answers - you're too old/too young/too experienced/too... Posted on July 12, 2009 at 09:34 pm by George Lenard
Jul 6
Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case, Part I:The Basics: the Facts and Holding of the Ricci case

There's no way I can get the "scoop" on what has been perhaps the most eagerly awaited Supreme Court decision of the term: Ricci v. DeStefano, No. 07-1428 (June 29, 2009). Since the Court's 5-4 decision was announced last week, it's been the subject of a torrent of reporting and analysis, focused as much on its significance for the Supreme Court nomination of Judge Sonia Sotomayor - who was on the Court of Appeals panel the Supreme Court reversed - as for the difficult employment law issues... Posted on July 6, 2009 at 01:41 pm by George Lenard

Rank This Week: 360

Alaska Employment Law

Covers employment and labor law in Alaska. By William Schendel.

http://www.akemplaw.com/wiki

Nov 4
9th Cir: Attorney Fees in SSA Litigation

The 9th Circuit, en banc, has strongly endorsed a contingency fee approach, and rejected a lodestar approach, to attorney fees for prevailing Social Security litigants. Here, the prevailing attorney had a 25 % fee agreement, but reduced the requested rates to reflect the client's recovery. Nonetheless, the resulting fee (in one of the 3 consolidated [...] Posted on November 4, 2009 at 03:34 pm by Will Schendel
Nov 4
Alaska Legal Miscellanea: Immigration Law for Employment Lawyers, and Discovery in Federal Court

ELS meeting: Today's meeting of the Employment Law Section will host Margaret Stock's presentation on "Immigration for Employment Lawyers." Margaret's materials may be found here. Discovery of computer software: U. S. District Judge John Sedwick has ordered a defendant to produce the "native format" of computer software ("Tracpoint"), subject to further motion practice on a protective order (if [...] Posted on November 4, 2009 at 11:21 am by Will Schendel
Nov 3
Update on Fred Meyer Sweetie Case

Last August an Alaskan federal jury returned a $200,000 verdict for a woman, Martha Johnson, who claimed that her Fred Meyer supervisor had fired her in order to hire his hoped-for paramour. The jury relied on the covenant of good faith and fair dealing implied in all Alaska employment contracts. Judge Ralph Beistline later awarded $76,000 in interest, fees, and costs. Fred [...] Posted on November 3, 2009 at 03:13 pm by Will Schendel

Rank This Week: 373

Manpower Employment Blawg

By Mark Toth.

http://manpowerblogs.com

Apr 29
Are You Ready for the Swine Flu?

What should employers do to prepare for a possible pandemic? Here are the latest tools and tips. Resources Click here for the Health & Human Service pandemic workplace planning center Click here for a workplace pandemic planning checklist Click here for a checklist for companies with overseas operations Click here and here for tips on preventing germs from spreading in the workplace Click here for OSHA's pandemic guidance Click here for workplace flyers and posters Click here for tips from... Posted on April 29, 2009 at 03:22 am by Mark Toth
Apr 29
Free Webinar May 27

Employment lawsuits are skyrocketing at an alarming rate. Class actions are exploding. Plaintiffs' attorneys and government agencies are getting more and more aggressive. RIFs and other cost-cutting measures are fueling the fire. Verdicts are getting larger and larger. What do you do? Don't panic. Just sign up for our FREE May 27 webinar, entitled Anatomy of an Employment Lawsuit. Using recent real-life cases, we'll give you all the latest legal developments and loads of practical tools and... Posted on April 29, 2009 at 12:03 am by Mark Toth
Apr 28
Breaking News: Specter A Democrat

Arlen Specter (R-PA) has switched from Republican to Democrat. Here's his statement. Specter's switch gives the Democrats a 60-seat "supermajority" in the Senate (assuming Al Franken's "win" of the Minnesota seat holds). That means that Democrats would be able to block Republican filibusters on bills such as the Employee Free Choice Act (EFCA). However, Specter has repeated his public stance that he still will not vote to block an EFCA filibuster. The exact quote: "my position on Employees... Posted on April 28, 2009 at 04:21 am by Mark Toth

Rank This Week: 379

Washington Labor, Employment &...

Washington Labor, Employment & Employee Benefits Law Blog

Covers events in labor, employment, and employee benefits law in Seattle, Washington. By Donald W. Heyrich.

http://www.waemploymentlawblog.com/blog/

Jun 18
Eighth Circuit Enforces “But For” Burden of Proof in ADEA Case

In an Age Discrimination in Employment Act (ADEA) action claiming a wrongful demotion, the lower court had instructed the jury to enter a verdict for the plaintiff if he proved, by a preponderance of the evidence, that he was demoted and his age was a motivating factor in the demotion decision. The Eighth Circuit Court of Appeals reversed the jury verdict holding that a plaintiff bringing an ADEA disparate-treatment claim must prove, by a preponderance of the evidence, that age was the... Posted on June 18, 2009 at 01:37 pm by Donald Heyrich
May 22
FMLA Protection for Part-timers?

This week the Indiana Supreme Court held that an employee f illing multiple positions with the same employer is eligible for leave under the federal Family and Medical Leave Act if that employee's total service is sufficient to qualify - even if service in either position alone does not qualify. Tom Powell taught math at Lew Wallace High School in Gary, Indiana, since 1987. From 1987 to 1999, Powell served as an assistant football coach, and in 2000, he was promoted to head football coach.... Posted on May 22, 2009 at 11:50 am by Donald Heyrich
Mar 31
Jurors’ Use of the Web Causing Problems at Trial

A major rise in the use of handheld devices such as the Blackberry and iPhone is becoming a problem in courtrooms across the country. A mistrial was recently declared in a major criminal drug trial in federal district court in Florida, after the judge learned that nine of the jurors had used their handheld devices to improperly conduct research on the case on the Internet. In another case in Arkansas, a $12.6 million judgment was put into question after the losing party learned that a juror had... Posted on March 31, 2009 at 11:49 am by Donald Heyrich

Rank This Week: 456

Employment Law Colorado

Focuses on developments in employment law for employers and employees alike. By Peter Mullison.

http://www.employmentlawcolorado.com

Apr 9
Workplace Privacy and the 4th Amendment

The 10th Circuit Court of Appeals issued an opinion last week, United States v. Barrows, that should a.) remind you to stay away from child pornography and; b.) convince you that your privacy rights in the workplace are more limited than you might think. While not strictly an employment law case, readers should remember that their Constitutional rights generally don't extend to the workplace, especially if they work for a private employer, and won't always protect them if they work for a public... Posted on April 9, 2007 at 05:44 am by Peter Mullison
Apr 2
New Colorado Wage Order Issued

The Colorado Department of Labor and Employment issued Wage Order 23 yesterday, April 1st (no joke). The new wage order comes after Coloradans voted last year to increase the minimum wage to $6.85. Although the new wage went into effect January 1st, the law that increased the minimum wage was a bit vague on some details, like wages for unemancipated minors. Essentially, however, the Minimum Wage Order 23 is identical to Minimum Wage Order 22. Don't forget to post the new minimum wage order,... Posted on April 2, 2007 at 05:17 am by Peter Mullison
Mar 30
When Employers Can be Held Liable for their Employees’ Crimes

Katrina Campbell Randolph over at The Recorder has an article that employers will want to spend some time reading. As Randolph reminds us, just as employers can be held civilly liable for the employee, it can also be held liable for the criminal acts of its employees that are done in the scope of their employment. Randolph's article is a quick primer on the Federal Sentencing Guidelines for Organizations. Under the guidelines, an employer must "must proactively take steps to ensure that even... Posted on March 30, 2007 at 07:19 am by Peter Mullison

Rank This Week: 487

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 Elections

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 Environment You can read about it and download your own FREE copy of this 15-page report by clicking here. Posted on July 21, 2009 at 02:42 am by Phillip Wilson
Jul 17
Breaking News: EFCA Compromise Announced - 5 Day Elections and Organizer Access

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 know as things develop. Posted on July 17, 2009 at 12:45 am by Phillip Wilson
Jul 12
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 balance is always 3 members in the President's party and 2 from the other party, so Mr. Hayes is the last remaining piece in the puzzle to get a full, five-member panel for the first time in a couple of years. Look for the Senate to take quick action to... Posted on July 12, 2009 at 02:04 am by Phillip Wilson

Rank This Week: 507

New York Employment Lawyer Blog

Covers employment law topics such as age, employment, gender, racial, and sexual orientation discrimination, as well as sexual harasment. Published by New York employment law lawyers, Schwartz & Perry LLP

http://www.nyemploymentlawyer.com/

Oct 27
EEOC Assists in Settlement of Race Discrimination Suit

Bridgewater Interiors, a Detroit based company specializing in the production of seating and interior systems for major automakers in North America, settled a race discrimination case on October 27th, 2009. The lawsuit was filed by the Equal Employment Opportunity Commission (EEOC) on behalf of Michael Christopher, an African American who worked on the assembly line of the auto parts supplier. Bridgewater subjected Christopher to racial discrimination by failing to promote him based on his... Posted on October 27, 2009 at 09:11 am by Schwartz & Perry
Oct 26
Anheuser-Busch sued for gender discrimination

A former female executive alleges gender discrimination in a lawsuit filed October 26, 2009 in St. Louis. She claims the brewer encourages a "frat-party" and "locker room" atmosphere, which excludes women from informal social networks and pays women less than their male counterparts. Francine Katz, A-B's former most senior female ranking executive, alleges that she was given smaller salary and bonuses than other male executives despite repeatedly raising concerns about the disparity to A-B's... Posted on October 26, 2009 at 08:52 am by Schwartz & Perry
Oct 23
An Employee May be Able to Sue a Former Employer for a Bad Reference

A former employer who gives a former employee a negative job reference in retaliation for the employee's complaint of discrimination may be liable under the human rights law. In Jute v. Hamilton Sunstrand Corp., 420 F .3d 166, 178-79 (2d Cir. 2005), the plaintiff was on the verge of obtaining a new job. Before she was offered the job, however, her former employer told the new job that he could not give a reference because Jute "had a lawsuit pending," even though the plaintiff did not actually... Posted on October 23, 2009 at 09:21 am by Schwartz & Perry

Rank This Week: 577

Employment Law Blog

Covers HR and employment law. By Employment Law Information Network.

http://www.elinfonet.com/blog/index/site/index/

Nov 4
Department of Homeland Security Rescinds No Match Rules

After much controversy and litigation, the Department of Homeland Security threw in the towel and rescinded its proposed No Match rules. For years, the Social Security Administration ("SSA") has been sending "No-Match Letters" to employers who employed individuals whose social security numbers ("SSN") did not match their personal information. The SSA, however, provided unclear guidance for responding to the letters. Seeking to fill the void, DHS the agency responsible for enforcement of our... Posted on November 4, 2009 at 05:14 am
Oct 27
EEOC Publishes Poster Supplement For GINA Compliance

The law requires an employer to post notices describing the Federal laws prohibiting job discrimination based on race, color, sex, national origin, religion, age, equal pay, disability and genetic information. EEOC has revised its "Equal Employment Opportunity is the Law" poster. This new version reflects current federal employment discrimination law (including the Americans with Disabilities Act Amendments Act of 2008). The poster was revised to add information about the Genetic Information... Posted on October 27, 2009 at 09:10 pm
Sep 28
Protect your Workplace from the Violence and Murder of Annie Le at Yale University

Don't let an incident like the murder of Annie Le at Yale University happen in your workplace. Incidents of workplace violence happen regularly throughout the United States and threaten employers with liability on a daily basis. Yet statistics reveal that most employers fail to provide training on workplace violence and many do not even have a workplace violence policy. All of these are big mistakes for employers! Let's start at the beginning and understand the definition of workplace violence... Posted on September 28, 2009 at 12:11 am

Rank This Week: 594

Jottings By An Employer's Lawyer

Covers employment law cases. By Michael Fox.

http://employerslawyer.blogspot.com

Nov 2
Can the NLRB Function With 2 Members?

Well obviously only in a very limited manner, and according to the DC Circuit, not at all. Three Circuits, the 1st, 2nd and 7th say it can, and now the Supremes will tell us. Justices to decide validity of two-member NLRB decisions. Currently Obama's three Board member nominees have passed committee muster, but John McCain has placed a hold on one of the nominees, SEIU attorney, Craig Becker. NLRB Nominee Gets Mixed News From Senators My understanding is that Senator Harkin will not submit the... Posted on November 2, 2009 at 08:48 am by Michael Fox
Oct 28
5th Circuit On Continuing Violations

Decisions related to the timeliness of a claim are most complicated when it involves hostile environment harassment, which almost always occurs over a period of time. Although the rule is fairly simple according to the US Supreme Court's decision in National R.R. Passenger Corp. v. Morgan, "so long as any act contributing to that hostile environment takes place within the statutory time period," it can get sticky in the application. In Stewart v. Mississippi Transport Commission (5th Cir.... Posted on October 28, 2009 at 06:26 am by Michael Fox
Oct 8
Apologies, Both Past and Future For Not Posting

Posts have been exceedingly light recently as I have been both getting ready for vacation (which of course means posts will be non-existent until my return) and have spent the last several days preparing for and testifying yesterday before the Senate Judiciary Committee against overturning the Gross v. FBL Services decision of the Supreme Court this summer which nixed the mixed motive instruction for ADEA cases. The future of mandatory arbitration was also a subject and frankly got a lot more... Posted on October 8, 2009 at 04:45 am by Michael Fox

Rank This Week: 595

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/

May 16
Dallas Noncompete Attorney: Texas Supreme Court Makes Agreements Easier to Enforce

The Texas Supreme Court recently made it even easier to enforce noncompete agreements. Ever since the court's opinion in the Sheshunoff case, it has been an open question whether, to be enforceable, a noncompete agreement must contain an explicit promise by the employer to provide confidential information to the employee. In Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 52 Tex. Sup. J. 616 (Tex. April 17, 2009), the court answered this question, and held that the employer's... Posted on May 16, 2009 at 07:35 am
Mar 23
Non-solicitation provisions must bear relation to employees' activities

A recurring issue in employee mobility cases is the extent to which a non-solicitation provision in an employment contract is enforceable. Typically, an employment agreement will contain a provision prohibiting post-employment competition, provisions prohibiting post-employment solicitation of customers and/or employees, or both. It's not uncommon for a provision prohibiting solicitation of employees to apply to all of the employer's employees. However, several Texas cases, including a recent... Posted on March 23, 2009 at 08:00 am
Dec 22
Texas Non-Compete Agreements: Is A Promise to Provide Confidential Information Required Anymore?

A recurring issue in non-compete cases involves how definite the employer's promise to provide confidential information must be for the agreement to be enforceable. Historically, disputes have focused on whether an explicit promise to provide the information was required, or whether an implied promise (e.g., language in which the employee "acknowledged" that he would receive information) was sufficient. In a recent case from the United States Court of Appeals for the Fifth Circuit, the court... Posted on December 22, 2008 at 02:23 pm

Rank This Week: 597

Pennsylvania Employment Law Blog

Provides a legal perspective on employment, labor and human resources. By Russell, Krafft & Gruber.

http://www.paemploymentlawblog.com/

Nov 4
Update on the COBRA Subsidy and When it Will End

We have posted on the 65% COBRA subsidy several times since the American Recovery and Reinvestment Act (ARRA) was enacted. ARRA provided for a premium subsidy for COBRA continuation health benefits to "assistance eligible individuals." Those individuals are defined as an employee or member of his/her family who is eligible for COBRA continuation coverage: 1) at any time between September 1, 2008 and December 31, 2009 2) elects COBRA coverage, and 3) is eligible for COBRA as a result of an... Posted on November 4, 2009 at 11:13 am
Nov 3
Extension Pending on First-Time Homebuyer Tax Credit

CNN is reporting that the Senate will likely extend the credit through April of 2010. In addition, they are also planning on adding a $6,500 credit for current homeowners who have lived in their current residence for at least five continuous years. If you are interested in learning more about the first time home-buyer tax credit refer to my previous blog posts 2009 First-Time Homebuyer Tax Credit and 2009 Home Buyer Credit Extension and Related Divorce Issues. Posted on November 3, 2009 at 11:45 am
Oct 27
Will the Federal Estate Tax Go Away in 2010?

Many of you may remember that back in 2001, Congress enacted legislation that was supposed to have repealed the Federal Estate Tax (the "FET"). However, anyone familiar with the Tax Reconciliation Act of 2001 (the "Act") knows differently. In general, estates are only subject to FET if they exceed the Applicable Exclusion Amount (the "Exclusion"). Instead of permanently repealing the FET, the Act gradually increased the Exclusion from $1 million in 2002 to $3.5 million in 2009. In addition, the... Posted on October 27, 2009 at 02:03 pm

Rank This Week: 617

California Labor and Employment...

California Labor and Employment Law

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

http://www.CALaborLaw.com

Oct 9
Free Pamphlets on Labor and Employment Laws

The California Department of Fair Employment and Housing (DFEH) publishes numerous free pamphlets on California labor and employment laws. These pamphlets provide a brief but helpful and easy-to-understand explanation of employee rights under California's harassment and discrimination laws. The pamphlets include the following topics: DFEH-151 Discrimination DFEH-159 DFEH Complaint Process DFEH-161 Pre-Employment Inquiries DFEH-167 Public Acess Disability Discrimination DFEH-184 Disability... Posted on October 9, 2009 at 02:01 am by Eugene Lee
Oct 4
Free Video Tutorials on Employment & Labor Laws

Interested in a quick overview of California labor and employment laws? Break out the popcorn and turn up your speakers. The California Department of Fair Employment and Housing has released several short videos, 90 seconds to 3 minutes in length each, offering short overviews of housing and employment laws. The videos are directed and acted by DFEH employees and are surprisingly watchable and informative. The actors pose as co-workers engaging in question and answer dialogues about harassment... Posted on October 4, 2009 at 02:02 am by Eugene Lee
Oct 1
District Spends $532k on Lawsuit that Settles for $150k

What's wrong with this picture? A school district spends $532,123 in legal fees and costs to fight a wrongful termination lawsuit; after more than 2 years of litigation, it ends up settling the case for $150,000. According to an article in the Ventura County Star entitled "District spent $532,123 in lawsuit: Case is settled for $150,000, data show", Assistant Principal Becky Romano had suffered a work-related injury in 2003 that required a long convalescence. In August 2004, Romano returned to... Posted on October 1, 2009 at 02:01 am by Eugene Lee

Rank This Week: 630

Lisa Law View

Covers labor and employment law issues.

http://lisahome.blogspot.com/

Nov 5
New Federal Posting Requirement - GINA Poster

Employers are required to display a new federal poster, GINA poster. The GINA poster must be displayed in workplace where all employees can see. That is effective on November 21, 2009. The new federal posting requirement applies to virtually every employer, even if they never engage in genetic testing. Under GINA (Genetic Information Nondisclosure Act of 2008), employers are prohibited from gathering information on an employee's genetic makeup. Employers are also not allowed to considering an... Posted on November 5, 2009 at 03:03 pm by Lisa Law View
Nov 5
New Massachusetts Independent Contractor Rules

Employers need to be aware that the state of Massachusetts recently increased the penalties for those who misclassify employees as independent contractors. Somers v. Converged Access explains that, the Massachusetts Supreme Judicial Court rules that the independent contractor law is a strict liability statute. This means that the employer's intent in misclassifying a worker is irrelevant. Therefore, if the worker had been correctly classified as an employee, he was entitled to compensation for... Posted on November 5, 2009 at 10:10 am by Lisa Law View
Nov 4
3 New Illinois Laws Release

Recently there are three new employment bills signing into law by Illinois Governor Pat Quinn. The laws address wage discrimination at the state level and increase the rights of victims of domestic abuse. The first law is Expanded Leave Rights. Illinois Victims Economic Security and Safety Act has an amendment which requires employers to extend unpaid, job-protected leave to victims of domestic violence or sexual violence. The new law will be effective August 24, 2009. Under the new law,... Posted on November 4, 2009 at 09:30 am by Lisa Law View

Rank This Week: 646

Georgia Law Blog

Georgia Law Blog covers topics and issues relating to worker's compensation and personal injury. Published by Western Georgia Area and Metropolitan Atlanta lawyer, Jack E. Clay.

http://www.georgialawblog.com/

Nov 4
New Rules for Large Truck Brakes Will Lessen Accidents & Ease the Minds of Georgia Drivers

Recently, the National Highway Traffic Safety Administration issued a rule for large truck drivers. The rule establishes new standards for braking distances and improves the stopping distance for truck drivers by 30 percent. This is good news for frequent highway drivers who may feel hesitant near 18-wheeler truck drivers. The old standard stopping distance for large trucks was 355 feet, meaning that truck drivers had that much distance to stop during regular traffic. The new rule revises the... Posted on November 4, 2009 at 11:13 am by Jack E. Clay, Esq.
Nov 2
Douglasville Chili Cook Off a Success

Last Friday night, despite the rainy and chilly weather, my office set-up our booth at the annual downtown Douglasville, Georgia chili cook off. We had decided our "theme" would be fall-related, and we included a few scarecrows, leaf arrangements, and even Christmas lights to make our booth stand out. We were pleased with the turnout and enjoyed being part of the Douglas County tradition. Below, find photos from the event. We were graciously provided with a hand-carved pumpkin to display our... Posted on November 2, 2009 at 11:30 am by Jack E. Clay, Esq.
Oct 29
Death Benefits Under Georgia Workers' Compensation: When The Unthinkable Happens

Death is a subject that most people do not want to discuss. Sometimes they don't have a choice. Every so often, I am reminded of the gravity involved when a family member dies in an on-the-job accident. I was reminded again recently as I sat in my office discussing the death of a loved one with a new client. Taking as much time as necessary to sit with potential clients during the first meeting in a serious injury or death case to get to know the person and their family is not only comforting... Posted on October 29, 2009 at 11:39 am by Jack E. Clay, Esq.

Rank This Week: 673

Retirement Plan Blog

Covers pension plans, 401(k) plans, and the Pension Protection Act of 2006. By National Benefit Services, Inc.

http://www.retirementplanblog.com/

Nov 1
403(b) and 457 Seminar at John Marshall Law School

On October 31 and November 1, I participated in a seminar at the John Marshall Law School, "New Rules for Non-Traditional Retirement Plans", as part of the Law School's LLM Program in Employee Benefits. The seminar was led by attorney Bob Toth with whom I collaborated in our 403(b) Crunch Time Series. Bob is considered one of the leading experts on 403(b) plans, 457 plans, and the annuitization of 401(k) Plans. He is Of Counsel with Giller & Calhoun and blogs at his firm's Business of... Posted on November 1, 2009 at 01:35 pm
Oct 23
Saving for Retirement In Plain English: new video by Common Craft

Common Craft has just released their new video, Saving for Retirement In Plan English. They are superbly talented producers of videos for training and education, whose product they say is "explanation". The video can be licensed for use by any organization that has the goal of increasing awareness and adoption of a retirement savings program, e.g., 401(k) plan sponsors. Earlier this year, I blogged about Common Craft's video, Investing Money in Plain English as a way to help 401(k) participants... Posted on October 23, 2009 at 10:56 am
Oct 9
Treasury issues new Retirement and Savings Initiatives

In a recent series of three Revenue Notices and four Notices the Treasury Department issued Retirement Savings & Initiatives to help Americans save for the future. The new Initiatives: Expand automatic enrollment in 401(k) and other retirement savings plans Create easier ways to save tax refunds Allow unused leave to be converted to 401(k) savings Provide a better explanation of rollover options Let me expand on the last item because of its time sensitive nature. Employees when receiving a... Posted on October 9, 2009 at 06:37 am

Rank This Week: 679

Juz The Fax

Cover labor law and litigation. By Randy L. Braun.

http://juzthefax.blogspot.com/index.html

Oct 13
More Amendments To New York's Labor Law

Effective November 24, 2009, New York Labor Law Section 198 will impose an award of liquidated damages in a sum equal to 25% of any amount in underpaid wages found to be due after an administrative proceeding unless the employer can show a good faith basis for its belief that its underpayment was in compliance with the law. Liquidated damages will be available in a court action commenced by an employee under Labor Law Section 663 (as amended) to recover unpaid wages based on the same criterion.... Posted on October 13, 2009 at 07:01 am
Oct 1
Discrimination Based On Accent

Many discrimination cases involve characteristics such as race, sex, national origin and religion. Here's one with a bit of a twist ... discrimination based upon accent. In Morales v. HT Rest NYC LLC (NYS Supreme Court, N.Y. Co. - Decided 9/22/09), Plaintiff alleged that she was denied employment as a waitress based on her accent. Plaintiff further alleged that in rejecting her for the position, Defendant's representative told her "You have a Latin accent," "You don't speak White," and "You are... Posted on October 1, 2009 at 06:13 am
Sep 14
New Notice Obligations For New York Employers

Effective October 26, 2009, amendments to New York Labor Law Section 195 require employers to furnish written notification to all persons hired on and after that date of their regular rate of pay and regular pay day. The written notice to non-exempt employees (e.g., those who are eligible for overtime) must include a statement of the regular hourly rate as well as the actual overtime pay rate. Employers must obtain from each new hire a written acknowledgment/receipt of the required notice. Now,... Posted on September 14, 2009 at 03:06 pm

Rank This Week: 684

HR Briefcase: Labor and Employment...

HR Briefcase: Labor and Employment Law Blog

Covers real workplace issues. By Smith Moore LLP.

http://hrbriefcase.blogspot.com/

Nov 3
Amended FMLA Signed Into Law

Families of service members in the armed forces now have expanded benefits under the Family Medical Leave Act (FMLA). The House of Representatives passed amendments to the FMLA in early October and the Senate approved the benefits as a part of the 2010 Department of Defense Authorization bill. President Obama signed the bill last Thursday, and the amended law took effect immediately.Last year's Posted on November 3, 2009 at 06:56 am by Labor and Employment Group
Oct 22
Mandatory Flu Vaccinations Halted in New York

Facts have a remarkable way of trumping the law. We've posted on the decision by some healthcare employers and the New York State Health Deparpment to require health care employees to get flu shots. Predictably, courts have become involved, but last night New York Governor David A. Paterson announced that the state's program for mandatory vaccinations has been suspended because of a shortage in Posted on October 22, 2009 at 09:49 am by Labor and Employment Group
Oct 15
After the Flu: Where's Your Doctor's Note?

We (like just about everyone else who lives outside a cave and can read and type on a computer) have been posting on the swine flu pandemic and workplace issues. Although our region is not yet as seriously affected as other parts of the world, there are reports of widespread flu-related workplace absences in other parts of the country, including the Pacific Northwest.Employers still have a lot of Posted on October 15, 2009 at 04:15 am by Labor and Employment Group

Rank This Week: 730

Gruntled Employees

Covers firing, hiring, human resources, lawyers and law firms, noncompetes and more. By Jay Shepherd.

http://www.gruntledemployees.com/gruntled_employees/

Sep 30
Gruntled employees have birthdays at work

Today is my birthday. I'm 42. I spent much of the past year telling people I was "thirty-eleven - in my very late thirties." But now I've resigned myself to fortyhood. Many years ago, when I first went away to school, I remember being bummed out that no one knew it was my birthday. When I mentioned it to my mother, she asked in a way that only mothers can: "Well, did you tell anyone it was your birthday?" I hadn't, of course. Now I do. And it makes the day more fun. Some people don't make a big... Posted on September 30, 2009 at 12:01 pm by Jay Shepherd
Aug 25
Why I'm glad I'm not Microsoft's employment lawyer

First off, in case anyone missed it, I'm an Apple guy. My firm's all Macs and iPhones, and I know nothing about worms, trojan horses, or blue screens of death. Unsurprisingly, I'm not a fan of Microsoft. But put my bias aside for a moment. Decide for yourself whether Microsoft passes the smell test here. This is a website image (click to magnify) from a Microsoft website intended for an American business audience: Now look at the Polish version of the same site with the same photograph (again,... Posted on August 25, 2009 at 10:42 pm by Jay Shepherd
Aug 22
The seven deadly sins of the workplace

We have a rule at Shepherd Law Group: we won't try to talk you out of firing an employee. I believe that once a manager has made the difficult decision to fire someone, the relationship with that employee is already irreparably broken. At that point, it would be a mistake to try to talk the manager out of it. Instead, our advice would focus on how to do it the right way and minimize the risk of an expensive lawsuit. We also have a corollary to that rule: we won't try to talk you into firing an... Posted on August 22, 2009 at 08:36 pm by Jay Shepherd

Rank This Week: 752

Toronto Employment Law Blog

Discusses wrongful dismissal and employment law issues affecting Canadian employers and employees. By Daniel A. Lublin.

http://blog.toronto-employmentlawyer.com/toronto_employment_lawyer/

Nov 4
Toronto Star looks at Contracting - 100 jobs may be eliminated

In an article published in today's National Post, it was reported that the Toronto Star has asked 100 union and non union employees to consider voluntary severance packages as the newspaper explores contracting out what could amount to more than 100 jobs. Voluntary severance packages are essentially an agreement that the employee will agree to his or her termination "without cause" in exchange for an offer of severance, which has usually been made to the employee in advance. Employees who are... Posted on November 4, 2009 at 07:14 pm by Daniel Lublin
Nov 2
Tribunal Awards $35,000 to fired pregnant employee

The Human Rights Tribunal of Ontario recently reported the decision in Maciel v. Fashion Coiffures, siding with the applicant who was terminated immediately following the announcement of her pregnancy. The press release by the Human Rights Legal Support Centre indicates that Vice Chair Naomi Overend noted Ms. Maciel's vulnerability in her decision by outlining that "She was young, just out of school, and coping with an unplanned pregnancy. This was to be her first full-time job, which she... Posted on November 2, 2009 at 06:07 am by Daniel Lublin
Nov 2
Women Lead Economic Recovery

By Sarah Diebel According to recent statistics tracking the latest jobless numbers, women are rebuilding their families' finances and the Canadian economy. In September, growing numbers of women entered the workforce, while more men joined the ranks of the unemployed. Despite what appears on its face to be a surge of female dominance in the new marketplace, it is important to note that hiring practices are not discriminating against male applicants. Economists claim that women are willing to... Posted on November 2, 2009 at 06:05 am by Daniel Lublin

Rank This Week: 793

Storm's California Employment Law

Features cradle-to-grave law tracking. By Jon-Erik G. Storm.

http://stormsemploymentlaw.com

Oct 21
Bruce Nye Is An Arbitroskeptic

Here's CalBizLit's comment on Justice Gilbert's reworked opinion on arbitration finality. I find this interesting because what I have termed in the past "arbitroskepticism" seems to be a contrarian point of view, but it is increasingly gaining traction among lawyers who blog. The simple logic was always this: if the forum really was so advantageous for employers (or any one side, whoever) how long could it really be before the courts and/or legislature took notice. Added to that was, where's... Posted on October 21, 2009 at 02:51 pm by Jon-Erik G. Storm
Oct 15
After Ricci

I know it was a big political thing, but as I said it was damned-if-you-do damned-if-you-don't: Firefighter Disparate Impact Suit Filed against New Haven So, the upshot of the politicized Ricci decision is that there can be more racial demagoguing completely out of the context of Title VII, and that's fun for cable news. But this puts employers in the position of not being able to remedy a mistake in EEO compliance without being liable to someone, one way or another. Good thing the U.S. Chamber... Posted on October 15, 2009 at 06:55 pm by Jon-Erik G. Storm
Oct 12
Nazir v. United Airlines, Inc.

You have to read this opinion. Basically, the Court of Appeal destroys the parties (and the trial court) for their voluminous summary judgment motions, which added up to about 4,000 pages, and for the blanket acceptance of the objections by the trial court. The thing is, are you willing to be the first lawyer that goes really lean on your briefs? Are you a partner? Until there is a massive state-wide trial-court-level implementation of the demands in this decision, we don't dare risk it. Do we?... Posted on October 12, 2009 at 03:07 pm by Jon-Erik G. Storm

Rank This Week: 809

That's What She Said

Analyzes the settlement value for employment law violations on the NBC TV show "The Office." By Julie Elgar.

http://www.hrheroblogs.com

Oct 14
Hello world!

Welcome to Hrheroblogs.com. This is your first post. Edit or delete it, then start blogging! Posted on October 14, 2007 at 06:21 pm by admin
Oct 12
Taking a Chance

LITIGATION VALUE: $450,000 (could be more if several employees file claims) As Julie has been called upon to practice law this week, she asked me to blog in her place. I'm Troy Foster, a fellow labor and employment attorney with Ford & Harrison and also a big fan of the show. Thankfully this week's episode gave me plenty of material. Mama Mia! Andy's not only "taking a chance" on Angela, but also with Dunder Mifflin's pocket book. Things are ripe for a sexual harassment claim that will be... Posted on October 12, 2007 at 06:48 am by Troy Foster
Oct 5
Dunder Mifflin Infinity

Litigation Value: $600,000 (eventually) One day soon, when all is said and done, Ryan's comments are going to cost Dunder Mifflin about $600,000. Maybe more. Managers really should know better than to tell employees that the company is launching a new technology initiative for a "younger" and "more agile" company. They really should know better than to say it twice. Add to that Dunder Mifflin's history of attempting to "squeeze" out older branch managers with a mandatory retirement age and the... Posted on October 5, 2007 at 05:14 am by Julie Elgar

Rank This Week: 812

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/

Oct 27
FMLA To Be Modified Today!

The FMLA will be modified today. President Obama is set to sign the National Defense Authorization Act of 2010 at 2:30 p.m. EST today. Section 565 of that legislation modifies theFMLA in several important ways: Eligible employees will be able to take military caregiver leave for veterans who served in the regular Armed Forces, the Reserves within 5 years of the date the veterans undergoes medical treatment, recuperation, or therapy. Currently, military caregiver leave is only available to care... Posted on October 27, 2009 at 09:27 am by carlcbosland
Oct 16
Last Call for Federal Sector FMLA Training in DC

Carl Bosland and the Federal Employment Law Training Group will present a day-long federal sector FMLA workshop on October 23, 2009, at the L'Enfant Plaza Hotel, Washington, DC. This comprehensive yet practical workshop will provide participants with up-to-date information regarding federal sector FMLA law and practice, including the new OPM proposed military family leave regulations. You will learn to identify which federal sector FMLA variant (there are 4) applies to your agency (and which... Posted on October 16, 2009 at 08:33 am by carlcbosland
Oct 8
Return to Work from FMLA Leave for 3 Minutes Before Termination Violated FMLA

Returning an employee from FMLA leave to a position only long enough to be fired does not amount to a meaningful reinstatement under the FMLA. In Burke v. Laboratory Corp. of America, No. 8:08-cv-2072-T-24-TGW, 2009 U.S. Dist. LEXIS 92891 (M.D. Fla. Oct. 6, 2009), Burke was fired three minutes after returning from FMLA leave. She sued alleging violation of the FMLA. The Court opined: While the FMLA does not require an employer to keep an employee indefinitely after she returns from medical... Posted on October 8, 2009 at 10:00 am by carlcbosland

Rank This Week: 822

The Employment Law Chronicle

Covers employment and workplace discrimination laws and topics. By Virginia & District of Columbia employment lawyer, Lori Searcy of the Searcy Law Offices.

http://www.employmentlawchronicle.com/

Sep 23
Virginia Employment Law: Employer Rights, Employee Obligations

I often represent clients on claims that an employer's business interests were harmed by the disloyal or otherwise unlawful conduct of a former employee. Typically, these employer lawsuits allege breach of contract, breach of the duty of loyalty, misappropriation of trade secrets, conspiracy, tortious interference and related claims. Below are some questions and answers designed to present these concepts in general terms. Question: What is the common law fiduciary duty of loyalty? Answer: In... Posted on September 23, 2009 at 07:29 pm by Lori J. Searcy
Aug 23
EEOC Guidance: Waivers & Releases of Discrimination Claims in Severance Agreements

Here, I provided FAQ's for employers and employees in Virginia and the District of Columbia concerning employment separation or severance agreements. As noted, a typical separation agreement will include a broad waiver and release of claims the employee may have had against the employer in exchange for severance pay and other consideration. Recently, the Equal Employment Opportunity Commission ("EEOC") published Understanding Waivers of Discrimination Claims in Employee Severance Agreements.... Posted on August 23, 2009 at 02:13 pm by Lori J. Searcy
Jul 23
Federal Minimum Wage Increases to $7.25

Effective today, July 24, 2009, the federal minimum wage is $7.25. Here is a link to the Federal Minimum Wage Poster. Posted on July 23, 2009 at 10:22 pm by Lori J. Searcy

Rank This Week: 826

California Employment Law

Features updates and insights regarding California employment law. By Phillip J. Griego & Associates.

http://calemploymentlaw.wordpress.com

Dec 20
Robert Nuddleman Has Moved

Robert Nuddleman has accepted an opportunity with Sayar Fausto LLP in Los Altos. We have enjoyed Robert's assistance over the last 9 years and wish him luck in his new venture. Robert has created a new blog post at: sflegal.wordpress.com Phil Griego will continue to post at this blog. Posted on December 20, 2008 at 04:29 pm by Phil
Dec 5
Guest Post: Holiday Parties: How Businesses Can Avoid Sexual Harassment Lawsuits

good suggestions regarding holiday parties and preventing sexual harassment lawsuits Posted on December 5, 2008 at 09:48 pm by Phil
Dec 4
2009 IRS Mileage Reimbursement Rate: 55 Cents

Effective Jan. 1, 2009, the standard mileage reimbursement rates for car be reduced from the current 58.5 cents to 55 cents per mile for business miles driven. Posted on December 4, 2008 at 05:39 pm by Phil

Rank This Week: 889

SC Employment Law

Covers employment law and related issues from an employee perspective. From South Carolina attorney Sheryl Schelin.

http://scemploymentlaw.com

Nov 29
“You Can’t Ask Me That!” - 30 Questions You Should Never Hear At the Interview

From HR World comes a handy post, meant for employers but just as informative for job seekers, outlining the questions they can't ask you. Read the whole enchilada here. It never ceases to amaze me how many employers feel they have a right to know incredibly personal information such as that sought by the questions in this post. Be a smart employee and know your rights, so that when the conversation veers into impermissible territory, you can (nicely, of course) educate your interviewer. Of... Posted on November 29, 2007 at 02:40 pm by Sheryl Schelin
Nov 5
“And Then, Depression Set In …” - The Most Depressing Jobs in America, Ranked

If you change diapers, help the elderly or disabled with daily needs, or work in the service industry, you're in one of the 3 job positions most prone to depression, according to a survey conducted by the federal government's Substance Abuse and Mental Health Services Administration. The report is available on the agency's website. Who's the least likely in the working world to suffer from long term depression? Engineers, architects, and surveyors - proving once again that your 9th grade... Posted on November 5, 2007 at 07:16 am by Sheryl Schelin
Sep 20
Dan Rather’s $70 Million Law Suit, And Why He Won’t Win

Dan Rather, former CBS anchor, has sued his former employer for $70 million in a breach of contract action that claims CBS wrongfully forced him out and harmed his reputation. If you aren't familiar with the story behind his ouster, here's a pretty good recap from The Times (London) Online: The report claimed that during Mr Bush's time in the Texas Air National Guard - a posting which spared him from service in Vietnam - he shirked duties and disobeyed orders, relying on his political... Posted on September 20, 2007 at 09:29 am by Sheryl Schelin

Rank This Week: 946

Transgender Workplace Diversity

Covers law and policy news around transgendered employees in the workplace.

http://transworkplace.blogspot.com/

Nov 4
Liveblogging the Senate ENDA hearing Thursday, 10am ET

I will be liveblogging the Senate ENDA hearing Thursday morning at 10am ET at [bilerico.com] Please join us then to view the video of the hearing and commentary on events as they unfold. ENDA, of course, is the Employment Non-Discrimination Act, the bill to prohibit job discrimination because of sexual orientation and gender identity. The hearing is being held by the Senate Committee on Health, Education, Labor and Pensions (the "HELP" Committee). I am not yet sure where the HELP Committee... Posted on November 4, 2009 at 12:38 pm by Dr. Jillian T. Weiss
Oct 12
What's Happening On ENDA?

What's happening on ENDA? The House is practically on board, and the vote will happen in the next few weeks. My calculations, as shown in the Inclusive ENDA House spreadsheet, show 212 likely yes votes, with another 6 needed for passage. They are 98% of the way there. The real fight on ENDA is in the Senate, where there are only 49 confirmed yes votes. That's only 82% of the way there. Another 7 are likely yes votes, but they're not saying. Even so, 4 more votes will be needed to get ENDA... Posted on October 12, 2009 at 04:40 am by Dr. Jillian T. Weiss
Oct 11
Arguments Against ENDA: Inquiries Into Employee Sexual Orientation

Some are concerned that ENDA will require employers to begin inquiring into their employee's sexual orientation and gender identity, in order to avoid lawsuits alleging discrimination if there are few LGBT employees in the workplace. This concern is misplaced for several reasons. However, it has led some legislators to express concern about ENDA, including Senator Richard Lugar of Indiana. Senator Lugar seemed supportive of ENDA in the past, but recently released a letter expressing his... Posted on October 11, 2009 at 11:00 pm by Dr. Jillian T. Weiss

Rank This Week: 987

Employee Benefits Legal Blog

Covers employee benefits related to labor and employment matters. Published by Keith R. McMurdy of Fox Rothschild, LLP.

http://employeebenefits.foxrothschild.com/

Nov 3
IRS Guidance on Required Minimum Distributions for 2009

In late 2008, Congress passed the Worker, Retiree and Employer Recovery Act ("WRERA"). It included a waiver of required minimum distributions (RMDs) for retirement plans for calendar year 2009. In some situations, RMDs were made anyway, either because plan administrator were not prepared to make changes or they were concerned about sticking closely to plan language. Fortunately, the IRS has issued come guidance on how to handle the situation. Notice 2009-82 provides relief for people who have... Posted on November 3, 2009 at 02:01 pm
Oct 28
Deadline for Medicare Part D Notice is Upon Us

Theresa Borzelli, a partner in our Roseland office, provides the following update on Medicare Part D notice requirements: The November 15 deadline for providing the Medicare Part D creditable coverage notice is fast approaching. This annual Notice must be provided by an employer who sponsors a health plan with prescription drug coverage. The Notice explains the benefits provided under the prescription drug plan and whether the employer's plan is at least equal to the prescription drug benefits... Posted on October 28, 2009 at 01:29 pm
Oct 27
QDROs: Does a "Sham Divorce" Matter?

Interesting economic times create interesting problems for plan administrators. Consider the possibility that a couple may get divorced solely for the purpose of withdrawing pension benefits from a pension plan. Seem far fetched? Well, not really. In Brown v. Continental Airlines, the Court in the Southern District of Texas considered a case where pilots, concerned about the health of their pension plan, got divorced and had QDROs submitted that called for distribution of their pensions to... Posted on October 27, 2009 at 02:12 pm

Rank This Week: 997

The HR Lawyer's Blog

Covers employment law and HR policy issues. By Chris McKinney

http://www.hrlawyersblog.com

Nov 3
NYTimes Article: Tough to be a Senior Looking for Work

The New York Times had a really excellent article last week about how difficult it is in this country for seniors who need a job. Nearly half a million workers 65 and older want to work but cannot find a job - more than five times the level early this decade and this group's highest unemployment level since the Great Depression. The situation is made more dire because of numerous recent trends: many people over 65 have lost their jobs as seniority protections have weakened,... Posted on November 3, 2009 at 06:00 am
Oct 30
Employers: Time to Update your EEO Postings

For the first time in a while, the EEOC has revised its required employer postings. This new version reflects current federal employment discrimination law, including two new laws, the Americans with Disabilities Act Amendments Act of 2008 and the Genetic Information Nondiscrimination Act of 2008, which is effective November 21, 2009. The revised poster also includes updates from the Department of Labor. There are several ways for employers to obtain the new required postings: Print the... Posted on October 30, 2009 at 07:53 am
Oct 27
EEOC Using New and Improved ADA to Sue for Pregnancy Discrimination

Prior to Congress' recent amendments to the ADA, few if any lawyers would have given serious consideration to using the ADA as an avenue to sue for a pregnancy-related condition instead of bringing a traditional pregnancy discrimination claim pursuant to Title VII. The fact that the EEOC has recently filed a lawsuit seeking to do just that speaks volumes about the how much stronger the ADA is perceived to be by practitioners following the recent amendments. The EEOC's... Posted on October 27, 2009 at 11:12 am

Rank This Week: 1001

Strategic HR Lawyer

Covers compensation and benefits, corporate governance, employee and labor relations, employment law, HR strategy, performance management, and workplace investigations. By EP Advisors.

http://www.strategichrlawyer.com/

Oct 29
National Defense Authorization Act of 2010 Expands the FMLA

Yesterday President Obama signed into law the National Defense Authorization Act of 2010 which greatly expands the federal Family and Medical Leave rights of military personnel and their families. Some of the notable changes for private sector employers include: Eligible employees will be able to take military caregiver leave for veterans who served in the regular Armed Forces, the Reserves within 5 years of the date the veterans undergoes medical treatment, recuperation, or therapy. This... Posted on October 29, 2009 at 09:22 am
Oct 29
Model Notice Issued NYS Labor Law Section 195

The New York State Department of Labor has just issued a model notice for employers and a fact sheet (for both employers and employees) explaining the new requirement under Labor Law Section 195 which requires employers to advise new hourly employees of, among other things: their hourly rate their potential overtime rate The form also includes notice of pay days which was already required under state law. The State DOL had previously issued a model notice for temporary agencies. Interestingly,... Posted on October 29, 2009 at 05:32 am
Oct 24
Why do Employees Stay in Their Jobs?

It seems that employers and employees don't necessarily agree. A recent survey suggests that "...Employers and employees have dramatically different opinions of why workers remain in their jobs, showing US companies may struggle to retain employees in an improved job market." For employees its 1) benefits, 2) financial compensation, and, 3) their career growth and earnings potential. Employers, however, believe that management climate, supervisor relationships and culture and work environment... Posted on October 24, 2009 at 07:03 am

Rank This Week: 1018

Labor Employment Law Blog

Up to date information on Labor and Employment. Published by Sheppard Mullin.

http://www.laboremploymentlawblog.com/

Oct 28
Challenge to 12-Hour Shift Pay Practice Defeated in Significant Class Action Lawsuit Before the Ninth Circuit U.S. Court of Appeal

Sheppard Mullin partner Douglas Hart achieved a major victory for employers everywhere when the U.S. Court of Appeal for the Ninth Circuit issued its long-awaited decision in the class action lawsuit entitled Parth v. Pomona Valley Hospital Medical Center on October 22, 2009. The Ninth Circuit ruled as a matter of first impression that it is permissible for an employer to reduce pay rates to achieve cost neutrality under the Fair Labor Standards Act ("FLSA") in conjunction with the... Posted on October 28, 2009 at 12:48 pm by Sheppard Mullin
Oct 28
New "EEO Is The Law" Poster Supplement To Be Required November 21, 2009

The U.S. Equal Employment Opportunity Commission ("EEOC") announced the release of a new mandatory supplement to the "EEO Is The Law" poster required to be displayed by private employers, state and local governments, educational institutions and labor organizations. The new supplement, which revises the September 2002 poster, is available to be downloaded or ordered by clicking here. The new version reflects current federal employment discrimination law, including the Americans with... Posted on October 28, 2009 at 12:48 am by Sheppard Mullin
Oct 2
H1N1 Virus and the Workplace: Will this Year's Flu Cause a Headache for Employers Too?

Flu season is upon us. With the recent outbreak of the H1N1 Virus ("Swine Flu") as well as the ever-present seasonal flu, employers must face increased absenteeism by their employees. Much like the regular flu, H1N1 causes fever, sore throat, nausea and fatigue. However, this particular strain of illness is predicted to be particularly dangerous not only for those with preexisting medical conditions such as asthma or diabetes, but also for those under the age of 25, as opposed to the elderly... Posted on October 2, 2009 at 01:29 pm by Sheppard Mullin

Rank This Week: 1021

Pennsylvania Worker's Compensation...

Pennsylvania Worker's Compensation Blog

Covers issues and topics relating to worker's compensation and Social Security litigation. Published by Philadelphia, Pennsylvania Law Firm of Martin, Banks, Pond, Lehocky & Wilson.

http://www.paworkinjuryblog.com/

Oct 28
Prompt Passage of Economic Recovery Act Payment for 2010 Needed

Law Does Not Provide for a Social Security Cost-of-Living Adjustment for 2010 Since the Cost-of-Living Adjustment (COLA) went into effect in 1975, this will be the first year that there is no automatic adjustment. Social Security and Supplemental Security Income benefits for more than 57 million Americans will not automatically increase in 2010. Some other changes that would normally take effect in January 2010 based on the increase in average wages also will not take effect, even though... Posted on October 28, 2009 at 09:30 am by Martin, Banks, Pond, Lehocky & Wilson
Oct 22
Concurrent Employment

Ostrawski v. Workers' Compensation Appeal Board (UPMC Braddock Hospital) In determining whether a claimant is entitled to include wages earned with a concurrent employer in an average weekly wage the following factors should be examined: the period of employment preceding the work injury, whether periods of layoff were frequent, whether a concurrent employer terminated an employee during a layoff and whether a laid-off employee returned to work following such a period. Moreover, the Court... Posted on October 22, 2009 at 05:13 am by Martin, Banks, Pond, Lehocky & Wilson
Oct 14
Abnormal Working Conditions

McLaurin v. Workers' Compensation Appeal Board (SEPTA) The Commonwealth Court upheld a workers' compensation judge's finding that a bus driver who was accosted by several hooded young men with guns was not exposed to abnormal working conditions. The employer presented evidence which showed such occurrences were not extraordinary and were envisioned as part of the work. This case seems to uphold the line of cases that state that abnormal working conditions are hard to demonstrate absent illegal... Posted on October 14, 2009 at 08:36 am by Martin, Banks, Pond, Lehocky & Wilson

Rank This Week: 1022

Labor and Employment Law blog

Covers federal and state employment laws.

http://www.laborandemploymentlawblog.com/

Jun 26
Three Year Run Ends for Labor and Employment Law Blog

Exactly three years ago today we published our first post on laborandemploymentlawblog.com, welcoming everyone to a new legal blog. Our hope was that people would visit us time and time again, and benefit from the posts and articles we presented. As we stated then, the purpose of this blog was to provide easy-to-understand, accurate, and informative articles that involved labor and employment laws - articles that could be used to help organizations answer questions, craft employee policies and... Posted on June 26, 2009 at 06:03 am by kittredge
Jun 1
Issues Employers Should Consider When Conducting a Workplace Investigation

Once the need for a workplace investigation has been identified and the investigator has been selected, the next step the employer should take is to prepare an Investigation Plan. When developing such a plan, here are a few issues that employers should be aware of and consider including in their plan. When interviewing the accused, give the accused an opportunity for rebuttal of the allegations presented. The investigator should also ask the accused for any reasons they believe the complaining... Posted on June 1, 2009 at 07:07 am by kittredge
May 22
Are There Any Employment Situations That Are Exempt From the ADEA?

Yes, there are certain employment situations that are exempt from the Age Discrimination in Employment Act (ADEA). Here are six such situations. Whe age is a bona fide job qualification reasonably necessary to the normal operation of a particular business (i.e. modeling clothes for teenagers). When the differentiation is based on reasonable factors other than age, such as the use of stringent physical requirements necessitated by the nature of the work, ADEA prohibitions do not apply. When... Posted on May 22, 2009 at 06:32 am by kittredge

Rank This Week: 1094

employerhelpcast

Covers employment law topics. By Helene Wasserman.

http://employerhelpcast.blip.tv/

Dec 15
Interview with labor and employment law icon Bob Millman of Littler Mendelson.

Some attorneys' names become synonymous with the area of law they practice. Having practiced in the area of labor and employment law for more than three decades, Bob Millman is one such person. In this special Helpcast, Host Helene Wasserman interviews Bob about the changes he has seen, and trends he predicts in this ever-changing and ever-developing area of law. Posted on December 15, 2008 at 08:36 pm
Nov 13
Interview with Robert Blumberg, Managing Shareholder, Littler Mendelson-Los Angeles

As many of you know, I have a new Firm. I recently joined the Los Angeles office of the National Employment and Labor Law Firm, Littler Mendelson. With more than 750 attorneys in 45 offices nationwide, Littler is the largest law firm in the country with a practice exclusively represented to representing employers with regard to all of their employment law needs. In this special edition of the EmployerHelpCast, Host Helene Wasserman interviews the Office Managing Shareholder of the Los Angeles... Posted on November 13, 2008 at 07:12 pm
Nov 7
Global Employment Law

We live in a global economy. More and more companies based in the United States are opening operations internationally, and more international companies are commencing operations in the United States. And with those operations come employees. In this HelpCast, Host Helene Wasserman interviews international employment law specialist Ariel Weindling of Littler Mendelson. Ariel details Littler's international employment law breadth, and its new affiliation with Ius Laboris, the international... Posted on November 7, 2008 at 04:58 pm

Rank This Week: 1130

The E-Legal Lawyer

Covers small business, cyber law and employment law issues. By Michael Goldstein.

http://www.goldsteinandclegglaw.com/blog

May 8
Teen Girls the subject of Sexual Harassment

On our employment law blog, Attorney Michael Goldstein has posted a very interesting article regarding sexual harassment in the workplace and how the practice of such has shifted from adults to part-time teenage employees. It demonstrates how retail stores, restaurants and other outlets found in the malls throughout the country need to be more proactive [...] Posted on May 8, 2008 at 04:34 pm by info
Apr 18
Bankruptcy relief from student loans

Although this blog primarily deals with cyber law and small business issues, many of our readers and subjects of blog articles come from a place where they have amassed immense student loans. As such, one of our attorney's, Michael Goldstein has drafted a very poignant article on our Massachusetts Bankruptcy Blog detailing, bankruptcy relief [...] Posted on April 18, 2008 at 05:34 pm by info
Mar 20
How business owners can obtain a prejudgement attachement

An attachment is a prejudgment security device available to a creditor seeking to recover money damages and is used to encumber the debtor's property during the pendency of the lawsuit. Mass. R. Civ. P. 4.1. Among the types of property subject to attachments are real property, personal property (including liquor licenses), and property of the [...] Posted on March 20, 2008 at 04:49 pm by info

Rank This Week: 1153

Harassment Training Blog

Covers sexual harassment, ethics and compliance training. By ELT.

http://harassmenttraining.elt-inc.com/

Oct 23
Employment Non-Discrimination Act Puts Sexual Orientation and Gender Identity Discrimination on the National Agenda

Based on a recent Gallop Poll, nearly 87-90% of Americans believe that gays and lesbians should have equal rights in terms of job opportunities. While states continue to expand employment law protections (see NGAL Task Force State Map of Non-Discrimination Laws) federal laws still do not expressly prohibit employment discrimination on the basis of sexual orientation. There's also no federal coverage for gender identity, which relates to an employee's beliefs about whether s/he is male or... Posted on October 23, 2007 at 03:07 pm
Oct 18
New Law Brings Controversial Harassment Training to California Public Schools

Just last week, Governor Schwarzenegger signed into law The Safe Place To Learn Act, also known as AB 394. Even though this California law is limited in scope and application to the public school sector, employers across the country should sit up and take note. The outpour of public reaction to AB 394 paints a dramatic picture of the diametrically opposed, and passionate viewpoints that people (i.e. your employees) have about sexual orientation and gender identity. So let's start with the... Posted on October 18, 2007 at 08:52 am
Oct 2
Where There’s Money, There’s a New Way: Employers Hit with Crippling Wage and Hour Litigation

What could drive successful management-side employment attorneys out of their practices? Money. And we are talking lots of it. "There's a place in Reno, Nev., that practically mints money" claims last week's cover story in BusinessWeek. The magazine isn't talking about a new Federal Reserve Bank, or a mortgage lender that hasn't heard the bad news about loose lending protocols&#xe2€&#xa6BusinessWeek featured the crippling trend of wage and hour litigation: Wage Wars: Workers-from truck drivers to... Posted on October 2, 2007 at 11:32 am

Rank This Week: 1169

Pension Risk Matters SM

Focuses on pension financial risk issues from a governance and fiduciary perspective. Published by Susan M. Mangiero.

http://www.bvallc.com/pensionblog/index.html

Mar 18
New RSS Feed for Pension Risk Matters

We're delighted to have a new blog home with Lex Blog. We hope you enjoy the improved functionality. If you currently have us included as part of your RSS (Really Simple Syndication) feed (and we hope you do), please don't forget to change the URL. Otherwise, you will no longer receive new feeds and it will look like we've stopped adding items to our blog. Nothing is further from the truth. We have lots more to say! Let me share some history with you. When we started the blog last year, we used... Posted on March 18, 2007 at 01:03 pm by Susan Mangiero
Mar 13
Pension Governance, LLC Sponsors Research Sites

Pension Governance, LLC (our sister company) is pleased to announce the sponsorship of two sections of the Social Science Research Network. Check them out and see for yourself. You'll find interesting research papers and announcements about forthcoming events in the areas of employee benefits law and corporate governance, respectively. At a time when so much is happening in these two areas, we're delighted to encourage cutting edge analysis by top scholars. Click here to learn more. Section... Posted on March 13, 2007 at 05:25 pm by Susan Mangiero
Mar 10
New Look for Pension Risk Matters

We are going offline for a few days and will be back in business late next week. With users in mind, a newly designed www.pensionriskmatters.com will feature archived posts by both topic and date. If a reader wants only posts written about hedge funds let's say, he or she clicks on the hedge fund folder instead of having to comb through hundreds of archived items. Commenting on blog posts will likewise be much easier. As always, we welcome your feedback. We continue to make the blog available... Posted on March 10, 2007 at 09:24 pm by Susan Mangiero

Rank This Week: 1193

California Employee Rights Blog

Covers employment contracts, discrimination, harassment and more. From the Peters Law Group.

http://www.calemployeerightsblog.com

Sep 25
Proposed California Law Restricts Credit Checks for Job Applicants

The Los Angeles Times recently reported on a new bill headed to Governor Schwarzenegger for possible signature (though I believe it is likely to be vetoed) generally prohibiting California employers from requiring applicants to allow them to examine their credit report as part of the application process. The new California employment law would allow employers to do checks on employees who handle large amounts of money or other sensitive positions. While I recognize that in these situations... Posted on September 25, 2009 at 04:39 pm by James Peters
Dec 2
Laid Off? You Still Have Rights! Part 3: Get Your Vacation Pay

In most layoff situations, especially these days, the layoff is legitimate and a necessary evil in cutting costs. However, just because an employee has not been wrongfully terminated in a layoff does not mean they have no California employment law rights. One common example is receiving all unpaid vacation pay. Vacation Pay Under California employment laws, once employees have accrued vacation time, they must either be allowed to use it to take time off or have it paid out at termination. This... Posted on December 2, 2008 at 02:20 pm by James Peters
Nov 17
Laid Off? You Still Have Rights! Part 2: Are You a Statistic?

This is our second post in a series on employees' rights when they get laid-off from work. In our last post, I pointed out that even though an employee may have been "laid-off" with several other employees, that does not necessarily mean they were not wrongfully terminated in being chosen for layoff. This post deals with the situation where a large group may be "singled out" for wrongful termination. For example, one of the most prevalent forms of class action employment law claims following a... Posted on November 17, 2008 at 03:17 pm by James Peters

Rank This Week: 1207

Construction Labor Lawyer

Covers collective bargaining, construction labor law, grievances, hiring halls, jurisdictionational disputes, prevailing wage laws and strikes and picketing. By Charles R. Schrader.

http://www.constructionlaborlawblog.com/

Sep 12
Perils and Pitfalls of Double-Breasting in Construction

Sometimes construction company owners believe it is to their advantage to be able to work union shop on some projects and open shop (non union) on others. Sometimes this is accomplished by maintaining an open shop company and then subcontracting some... Posted on September 12, 2006 at 02:55 pm
Nov 8
Davis-Bacon Suspended and Reinstated in Katrina-affected Areas.

The Davis-Bacon Act establishes minimum wage obligations for workers engaged in federally financed construction. See my November 7. 2004 posting for more details. On September 8, 2005, President Bush suspended the Davis-Bacon Act in Hurricane Katrina-damaged areas of Alabama, Florida,... Posted on November 8, 2005 at 07:25 pm
Oct 27
Economic Strike or Unfair Labor Practice Strike?

An economic strike may be converted to an unfair labor practice strike if the employer commits unfair labor practices that prolong the strike. Examples of conduct that have been found to cause strike conversion are: - Telling strikers that they... Posted on October 27, 2005 at 10:46 pm

Rank This Week: 1224

Los Angeles Employment Lawyer Blog...

Los Angeles Employment Lawyer Blog

Los Angeles Employment Law Blog covers disability and medical discrimination, employment claims, workplace discrimination, and workplace harassment. By Los Angeles, California employment attorneys, Greenberg & Rudman.

http://www.losangelesemploymentlawyerblog.com/

Oct 26
CA EMPLOYEES DO NOT HAVE TO PERFORM SEX ACTS TO KEEP THEIR JOBS

In California, sexual harassment is against the law. Conduct that is welcome is not considered sexual harassment. Sexual harassment is unwanted verbal, visual, or physical conduct of a sexual nature that is severe or pervasive and affects your working condition or creates a hostile work environment. If your co-worker asks you out on a date one time, that might not be sexual harassment. However, if you tell him no and he keeps asking, talk to an experienced employment attorney because you might... Posted on October 26, 2009 at 12:06 am by Greenberg & Rudman
Oct 24
CA EMPLOYEES OF ALL COLOR DESERVE EQUAL PAY FOR DOING THE SAME WORK

In California, and throughout the country, it is against the law for your employer to discriminate against you because of your skin color, or race. This means you cannot be fired, demoted, not promoted, or not receive less pay for doing the same job as your co-workers. In this tough economy, it is especially important for you to protect your rights and make sure that your employer is paying you what you deserve. Talk to an experienced employment lawyer if you believe you are being discriminated... Posted on October 24, 2009 at 09:00 pm by Greenberg & Rudman
Oct 23
SEXUALLY EXPLICIT PORNOGRAPHIC MATERIAL MAY NOT BE ALLOWED IN YOUR CALIFORNIA WORKPLACE

In California, it is against the law for your employer to create a sexually hostile work environment. Additionally, if one of your co-workers is harassing you, or otherwise creating a hostile environment, it is up to your employer to take care of the illegal behavior and protect you. Examples of behavior creating a sexually hostile work environment can include inappropriate jokes, sexual gestures and come ons, and porn. Talk to an experienced employment lawyer if you've been sexually harassed... Posted on October 23, 2009 at 01:56 pm by Greenberg & Rudman

Rank This Week: 1292

Employment Advisory

Employment Law observations for employers and employees in Washington State. Published by Washington attorney Rod Stephens.

http://employmentadvisory.blogspot.com/index.html

Oct 19
Be Careful about who you call your...

Be Careful about who you call your friend. You all know that I use Twitter on occasion and the same holds true about Facebook. Those of you that know me also know I am the shy retiring type of person who never speaks their mind. That means that I won't use Twitter or Facebook to their full potential, but at least I won't bore you will the details of every aspect of my life....like you really care anyhow. When I first joined Facebook, I would get friend requests from people I kind of knew. They... Posted on October 19, 2009 at 06:59 am by Rod Stephens
Jul 12
I'm not a techie.... When I meet with...

I'm not a techie.... When I meet with people, especially after I speak about privacy and technology in the workplace, I often hear, "I'm not a techie so why do I have to understand social networking, texting, Blogging and cell phones." Usually this is followed by a litany of the evils associated with new technology. Since this post is being done in the relative privacy of cyberspace, I'll confess that when I hear the "I'm not a techie..." speech, I get a physical reaction. As an employer, you... Posted on July 12, 2009 at 02:59 pm by Rod Stephens
Jun 6
Non-competition Agreements: Ten (10)...

Non-competition Agreements: Ten (10) Cautionary Thoughts People do odd things when they enter into a new relationship. I call it the honeymoon period. It's a time when it is all good, your vision is clouded by optimism that overlooks faults or problems that are visible to everyone else. Words of caution from well meaning friends have the sound of crazy alarmist rhetoric. No, this post is not about relationship advice, it's about the workplace. The same phenomenon occurs when a new employment... Posted on June 6, 2009 at 07:00 am by Rod Stephens

Rank This Week: 1297

California Employment Law - Fight...

California Employment Law - Fight Harassment

Covers workplace harassment in California. By Bitton & Associates.

http://www.fightharassment.com/

Jun 9
Harassing Behavior

The following is a list of some sexual harassing behaviors defined by California statutory law: 1. Sexual favors -- unwanted sexual advances or propositions 2. Verbal conduct -- epithets, slurs or derogatory comments, including comments about a person's body, appearance, or sexual activity 3. Physical conduct -- assault, impeding or blocking movement, or any physical interference with normal work or movement 4. Visual harassment -- leering looks, offensive gestures, or derogatory posters,... Posted on June 9, 2008 at 12:22 am by Bitton & Associates
Apr 9
Indirect Sexual Harassment

An employee may have a claim for sexual harassment even when sexually harassing conduct permeates the work environment of the employee, even if such conduct is not directed at the employee if: (1) it occurs in the employee's presence; or, (2) is directed at the employee but does not occur in his/her presence. (See e.g., Beyda v. City of Los Angeles (1998) 65 Cal.App.4th 511, 518; Fisher v. San Pedro Peninsula Hospital (1989) 214 Cal.App.3d 590, 611; Kortan v. State of California (Central Dist.... Posted on April 9, 2008 at 05:25 pm by Bitton & Associates
Mar 6
Some Recent Changes in Misc California Law.

1. Employers with 25 of more employees must give "qualified employees" as many as 10days off (unpaid) when their spouse is on leave from military deployment. Effective October 9, 2007. 2. The California minimum wage increased from $7.50 to $8. Effective January 1, 2008. 3. California drivers cannot use cell phones while driving a motor vehicle unless the driver is using a hands-free device. Effective July 1, 2008. Posted on March 6, 2008 at 10:33 am by Bitton & Associates

Rank This Week: 1316

Dilworth Paxson Podcasts - Labor...

Dilworth Paxson Podcasts - Labor and Employment Law

Dilworth Paxson attorney Eric Meyer discusses issues related to labor and employment law.

http://www.dilworthlaw.com

Feb 25
Seventh Circuit Enforces an Oral Agreement to Settle a Title VII Dispute

Dilworth Paxson Podcast #17 by Eric Meyer [6 minutes, 6M MP3] Dilworth Paxson Attorney Eric B. Meyer discusses issues related to Labor and Employment law Posted on February 25, 2009 at 01:46 pm
Feb 25
Gone Today, Here Tomorrow

Dilworth Paxson Podcast #15 by Eric Meyer [14 minutes, 6M MP3] Dilworth Paxson Attorney Eric B. Meyer discusses issues related to Labor and Employment law Posted on February 25, 2009 at 01:46 pm
Feb 25
Another Loss for Isiah Thomas and the NY Knicks

Dilworth Paxson Podcast #16 by Eric Meyer [7 minutes, 3M MP3] Dilworth Paxson Attorney Eric B. Meyer discusses issues related to Labor and Employment law Posted on February 25, 2009 at 01:46 pm

Rank This Week: 1369

ESOP Law Blog

Covers employee stock option plans. By Sheppard Mullin.

http://www.esoplawblog.com/

Apr 7
Pitfalls In Selling Stock To Fund ESOP Repurchase Obligations - Part II

In the first article on this subject that we recently posted, we considered the administrative and fiduciary issues that arise when an ESOP sells company stock to the company to fund its benefit distributions. The fiduciary issues under the Employee Retirement Income Security Act of 1974, as amended ("ERISA") include the need to obtain a new valuation opinion letter from the ESOP's appraiser updated to the date of the sale. This updated opinion letter is required for the sale to be exempt from... Posted on April 7, 2008 at 01:44 pm
Mar 27
Pitfalls In Selling Stock To Fund ESOP Repurchase Obligations - Part I

ESOPs often choose to make benefit distributions in the form of cash, rather than in company stock. Some of these ESOPs obtain the necessary cash by selling company stock to the company. This sale transaction raises two fiduciary issues under the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). First, the sale is a prohibited transaction under Section 4975(c)(1)(A) of the Internal Revenue Code of 1986, as amended ("Code"), and Section 406(a)(1)(A) of ERISA, unless the sale... Posted on March 27, 2008 at 01:28 pm
Feb 26
ESOPs Impacted by Landmark U.S. Supreme Court Case

The pension plan world is abuzz with last week's U.S. Supreme Court (the "Court") decision in a pension plan case, LaRue v. DeWolff, 552 U.S. ____ (2008). We don't get many decisions by the Supremes in the pension area, so it's worth some focus. We will give just a brief summary of the case (more detailed reviews available all over the Internet) and then focus on the ways the decision might impact ESOPs. Case Summary The company sponsored a 401(k) plan and investment decisions were controlled... Posted on February 26, 2008 at 12:09 pm

Rank This Week: 1385

Quirky Employment Law Questions

Covers quirky questions in employment law. By Roy A. Ginsburg.

http://www.quirkyemploymentquestions.com/

Feb 20
Karen's Analysis of QQ # 21, Medical Marijuana (California Issue)

Posted on February 20, 2008 at 12:57 am
Feb 18
Age Discrimination and the OWBPA, Quirky Question # 22

Posted on February 18, 2008 at 09:13 am
Feb 18
Roy's Analysis of QQ # 20, Reasonable Suspicion of Drug Use

Posted on February 18, 2008 at 08:59 am

Rank This Week: 1388

Phillip J. Griego & Associates...

Phillip J. Griego & Associates Employment Law Blog

California and Federal employment law information and updates from Phillip J. Griego & Associates.

http://griegolaw.blogspot.com

Jun 20
Our Blog Has Moved

The Weblog for Phillip J. Griego & Associates has moved to: [calemploymentlaw.wordpress.com] Please click on the above link for information regarding recent developments in employment law. Prior Articles can be reviewed at the new blog site. Thank you! Robert E. Nuddleman, Esq.Copyright &#xc2&#xa9 2007 Phillip J. Griego & Associates Posted on June 20, 2007 at 06:33 am by Robert Nuddleman, Esq.
May 25
How To Make Sure Your Independent Contractors Are Not Considered Employees

Several years ago Microsoft mistakenly classified employees as independent contractors. When a class action case ruled that these "independent contractors" were really employees, Microsoft had to issue millions of dollars in back stock options. Employers continue to mistakenly erroneously classify employees as independent contractors. This can result in significant liability and serious penalties as Air Couriers International (aka Sonic) found out when it received an EDD assessment exceeding... Posted on May 25, 2007 at 01:09 am by Robert Nuddleman, Esq.
Apr 16
Meal & Rest Break Penalties are Wages

After thorough arguments from both sides of the debate, the California Supreme Court issued its decision in Murphy v. Kenneth Cole Productions today. Many wage and hour practitioners were waiting patiently for the decision because it dealt with two key issues: Whether the "one additional hour of pay" provided for in Labor Code section 226.7 constitutes a wage or premium pay subject to a three-year statute of limitations (Code Civ. Proc., &#xc2&#xa7 338) or a penalty subject to a one-year statute of... Posted on April 16, 2007 at 05:11 am by Robert Nuddleman, Esq.

Rank This Week: 1401

Weiss Berzowski Brady LLP

Weiss Berzowski Brady has produced legal podcasts on a variety of topics.

http://www.wbb-law.com/podcast/

Mar 13
501(c)(3)s: Obtaining and Maintaining Your Organization's Tax Exempt Status - Robert B. Teuber

Conservation easements, a private land use restriction voluntarily placed on a piece of land in order to protect it from further development, and tax relief opportunities are discussed in this podcast. Susan Marguet addresses the significant tax benefits family farmers, ranchers and other moderate-income landowners can obtain by making a charitable donation of a conservation easement. Posted on March 13, 2007 at 03:07 am

Rank This Week: 1406

Georgia Employment Law Blog

Covers employment discrimination, pregnancy discrimination, sexual harassment and overtime. By Stephen M. Katz.

http://www.georgiaemploymentlawblog.com/

Aug 8
Georgia Overtime Decision

Atlanta federal court issues landmark ruling in overtime case. I am over the age of 18 years and can testify to the facts set forth in this declaration. I understand that this declaration is given under penalties of perjury. All of the facts set forth in this declaration are based upon my personal knowledge. I have been afforded an opportunity to review the contents of this declaration and make any changes I deem necessary. I was formerly employed as a district manager for Janssen... Posted on August 8, 2006 at 05:15 am by Stephen M. Katz

Rank This Week: 1414

Charles A. Krugel

Covers labor, employment and HR law.

http://www.charlesakrugel.com

Nov 5
Podcast of My September 2009 Seminar for the University of Illinois Alumni Association

On September 24, 2009, I presented at the University of Illinois' "Finding Talent" program for employers & recruiters. My presentation concerned legal issues surrounding background checking, electronic communication & social networking in recruiting & selection. My seminar handout, PowerPoint, some cases and sample background checking waiver forms are available here. The actual seminar was recorded as a webinar and is available here (due to WordPress' file size restrictions the link... Posted on November 5, 2009 at 08:53 am by charlesakrugel
Oct 26
New Chuck Krugel Law Seminars

On November 5, I'll be speaking at the Chicago chapter of Financial Executives International (FEI), along with my colleagues below. This is a morning meeting at the Rosewood in Rosemont. On November 6, 2009, Ill be presenting my 2nd "Assessing Business Liabilities - A Legal & Accounting Perspective" seminar. Like my 1st seminar, I'll be preenting with 3 other attorneys & a CPA. This is at the Silver Stallion Restaurant, 1274 Lee Street, Des Plaines, IL (breakfast will be served). The... Posted on October 26, 2009 at 09:13 am by charlesakrugel
Oct 15
A Couple of New Seminars & Charity Fundraisers From Friends of Mine

Some friends of mine are conducting the following law and charity related seminars. The 1st seminar, a real estate law seminar, is on October 22; the 2nd a charity fundraiser is on November 6. INVESTING IN COMMERCIAL & MULTI-USE PROPERTY - A UNIQUE OPPORTUNITY TO ASK REAL ESTATE INVESTMENT QUESTIONS OF AN EXPERIENCED PANEL FEATURING THREE ATTORNEYS AND A CPA Topics will include: &#xe2€&#xa2Assessment & Real Estate Taxes &#xe2€&#xa2Foreclosure & Short Sales &#xe2€&#xa2Best Legal Entity for Investing... Posted on October 15, 2009 at 01:28 pm by charlesakrugel

Rank This Week: 1435

The Law Planet Blog

Discusses investment, labor, and employment law, as well as securities arbitration, stockbroker issues, and legal technology. By LaBovick & LaBovick.

http://blog.thelawplanet.com/

Nov 3
If your gold is rusting, you’ve got a problem

As readers of this blog know, my sister is a bankruptcy lawyer. She was recently appointed the trustee of a bankrupt jeweler who appears to have been selling gold bars to customers. Or at least they thought they were buying gold bars. She had a conversation with a customer of the jeweler who told her how glad he was that he was not ripped off. After all, he had his gold bars at his home. He then proceeded to ask her if it was normal for gold to show rust. When I heard that question, I could not... Posted on November 3, 2009 at 03:31 pm by Marc S. Dobin
Oct 30
Wamu Investment fraud case moves forward

Earlier this week, Seattle Federal District Court Judge Marsha Pechman, ruled that the case against several former Washington Mutual executives and Deloitte & Touche could move forward. She dismissed some of the claims, however, denied defense requests to dismiss any defendants. In May 2009, Judge Pechman, dismissed the initial 388 page plaintiff complaint as "verbose" and "disorganized". In her earlier decision, she wrote the following: "The Court remains mystified at counsel's failure to... Posted on October 30, 2009 at 03:15 am by LaBovick Law
Oct 2
SEC Enforcement Division needs to make massive changes according to Office of Inspector General Report

According to a recent report issued by the Office of the Inspector General (OIG), the Securities and Exchange Commission's (SEC) enforcement division needs to improve its processes and procedures for investigating and managing the fight against securities fraud. The main example cited in the report was the most current and most blatant example of the SEC's failure to properly investigate securities fraud complaints - Bernard Madoff's multi-billion-dollar Ponzi scheme. The report issued by the... Posted on October 2, 2009 at 04:29 am by LaBovick Law

Rank This Week: 1456

Workplaces That Work

Covers workplace conflict management systems. By Blaine Donais.

http://workplacesthatwork.blogspot.com

Jul 27
The Workplace Fairness Institute is Growing!

Greetings Fairness Enthusiasts! I am proud to announce that the Workplace Fairness Institute has added a new associate - Bernd Weller, who will be acting as Vice President and Senior Consultant of the WFI. Bernd is a seasoned management consultant who has moved into the world of conflict management systems analysis and design. He will be working with me to provide fairness assessments for workplaces around the world. Welcome Bernd! We have some big plans on the horizon, so stay tuned! Also I... Posted on July 27, 2008 at 01:11 am
Jun 4
Welcome Prospective Bloggers!

Hi all: This note is for those of you who will be attending the Blogging Seminar advertised by the Ontario Bar Association ADR Section. Here is how it reads: The ADR/Law Blogger: Free Marketing Is Just 15 minutes Away" Blogs are quickly overtaking web sites as the most important web based marketing tool available to practitioners in the ADR and legal communities. They cost nothing to set up, are easy to use and update, have higher visibility on the web than websites, are an excellent source of... Posted on June 4, 2007 at 01:48 pm
May 14
What are the Substantive Measures of Workplace Fairness?

Most of the articles in this blog have thus far been devoted to the "Process" measures of workplace fairness (i.e. What makes a fair workplace conflict managment system?). It has occured to me lately, however, that perhaps there is a way to measure the substance of workplace fairness (i.e. what minimum terms and conditions of work are required to make a workplace a "fair" workplace). I suspect this is a much harder task than the first line of inquiry. This is so, because substantive fairness... Posted on May 14, 2007 at 04:28 pm

Rank This Week: 1571

Employment Law Blog

By Gail Escolme.

http://www.thewestmorlandgazette.co.uk

May 21
AGENCY WORKERS - WHAT'S THE POINT?

An agreement announced yesterday by the Government will remove much of the flexibility gained by using agency workers from British business. The agreement will allow agency workers to receive equal treatment after 12 weeks of employment. Whilst the TUC argue that agency workers have received unfair and unjustified treatment for far too long, bodies such as CIPD and FSB have raised concerns over the loss of flexibility, particularly for small businesses who rely on the flexibility that using... Posted on May 21, 2008 at 07:20 am
Apr 30
How NOT to treat a pregnant employee in one easy step

DO NOT tell her she will be useless because of the pregnancy; that she will never be the same again; that she has been dishonest when the pregnancy was suspected; and, that she has sought a promotion and pay rise on false grounds becuase of the pregnancy. Such behaviour has just cost one boss nearly &#xc2&#xa360000 in compensation, &#xc2&#xa337,100 of that being awarded for injury to feelings. I think that makes the point nicely without me having to say more!! Posted on April 30, 2008 at 08:41 pm
Apr 13
The Cost of Sponsorship

The Border and Immigration Agency have now issued details of the application process for employers wishing to apply for a license to employ foreign workers under the new points based system, which replaces the existing work permit system. As from Autumn this year any employer wishing to employ workers under the new Tier 2 system on a work permit must be licensed as a sponsor. The cost of the application is &#xc2&#xa3300 for a small sponsor and &#xc2&#xa31000 for all other sponsors. A small sponsor will be a... Posted on April 13, 2008 at 08:42 am

Rank This Week: 1581

Labor & Employment Law, HR Law...

Labor & Employment Law, HR Law

Covers the working world. By Charles A. Krugel.

http://charlesakrugel.blogspot.com

Oct 10
The End

Please visit www.charlesakrugel.com for my new site/blog. All content is now there. This blog will be gone in a few days. Thanks, Chuck Krugel. Posted on October 10, 2007 at 08:40 pm
Oct 6
Chuck Krugel: New Seminar & New Blog/Website

It's been more than 5 weeks since my last posting. The reason for such a long time lag is simple: I have a new website. My new site is at www.charlesakrugel.com. All of my content (i.e., posts, links, comments, media, link exchanges, everything) has been transferred to this new site. I'll be taking down this site shortly, and this is my final post here. The new site is on the WordPress platform and looks fantastic (in my opinion). Thanks to Alex Mielus and his brother George from Bucharest,... Posted on October 6, 2007 at 11:55 am
Aug 26
Colleague ArticleSuccession: An Opportunity for Growth

The Horton Group has published the following article, in its law related newsletter--Legal-EASE, written by a mutual associate of ours Michael Zolno of Zolno Consulting. All businesses, especially law firms, go through succession, which can cause a great deal of internal and external turmoil. In fact the survival of the firm may well depend upon how well the succession is dealt with. Studies show less than 50% of all businesses ever make it from the first generation to the next. Even less make... Posted on August 26, 2007 at 02:27 pm

Rank This Week: 1611

Employment Rights Blog

Covers genetics, harassment, law and litigation. By Robert Hernandez.

http://employmentrightsblog.directlex.com

Sep 27
Questions on the state of discrimination

A friend asked me: "How many of those 6 or 7000 discrimination claims filed at the Massachusetts Commission Against Discrimination had merit, anyway? How can you measure that other than counting only those that prevailed?" My response: The question of merit and prevailing are distinct. Prevailing, for those cases which remain in MCAD rather than go to court, is probably around 5% (Calculate it yourself for 2003, the last for which MCAD has filed a report: MCAD's 2003 Annual Report, its last,... Posted on September 27, 2006 at 11:47 am by Robert LeRoux Hernandez
Sep 21
Discriminating Employers- Who’s Discriminating?

It is not necessarily illegal or wrong to discriminate. Our cognitive development begins with the capacity to discriminate. Theologians and ethicists urge us to discriminate between right and wrong. The ability to discriminate among wines is perceived to be a virtue in some circles. Discrimination on the basis of "merit" is plainly permissible, although increasingly the perspectives of those who define "merit" may be suspect. It is only when discrimination is based on certain specific criteria... Posted on September 21, 2006 at 09:57 am by Robert LeRoux Hernandez
Sep 3
Teaching the New Law

Labor day, 2006: What a pleasure it is to prepare for my first legal writing class in 22 years. Thursday I re-enter the classroom to explain to entering law students that good lawyering includes good writing, that we must use plain English, that we must strive for simplicity and that we must edit, edit, edit. It was in May 1984 that I last taught writing at Boston University. We were teaching that then, with some success. I'd been out of law school but 7 years, was barely litigating and asked... Posted on September 3, 2006 at 11:09 am by Robert LeRoux Hernandez

Rank This Week: 1661

Labor Blog

By Nathan Newman.

http://www.nathannewman.org/laborblog/

Aug 30
Median Estate: $29,000

That's it. The majority of Americans receive no more than $29,000 in inheritances, according to the Federal Reserve. Yet $200 billion annually are being passed on each year in inheritances. Put those two numbers together and it's clear that the debate on the estate tax is absolutely irrelevant for most families. And one of the reasons is that the main "tax" on middle income estates come before death, in the form of massive health-related expenses that eat away at the nest egg: RAND calculated... Posted on August 30, 2006 at 09:32 am
Aug 30
Dubai: Workers Hell

In all the debates over the Dubai Ports, progressive seemed to miss the key reason to bash the Dubai government-- it's cultivated a workers rights nightmare of plutocratic exploitation of immigrants. It's an Apartheid of the Arab wealthy-- 500,000 local residents exploiting a 1,000,000 immigrants who do the work without voting rights or rights in the workplace: [W]orkers have few rights. Visa sponsors and employers typically confiscate their passports and residency permits when they sign on,... Posted on August 30, 2006 at 09:32 am
Aug 30
The Future Marches in LA -- and Denver, Chicago and...

500,000 people marched yesterday in Los Angeles against making being a global economic refugee a felony -- and they were joined by hundreds of thousands more in Denver (50,000), Phoenix (20,000) Houston, and other cities across the country, including Chicago where over 100,000 people marched two weeks ago for immigrant rights. The march in Los Angeles was the largest political rally in the city's history. This is the future marching. Many of those marching can vote today; many of them will... Posted on August 30, 2006 at 09:32 am

Rank This Week: 1664

Tennessee Employment Lawyer Blog

Covers Tennessee age discrimination, minimum wage, overtime, qui tam and workplace discrimination. By Higgins, Himmelberg, and Piliponis PLLC.

http://www.tennesseeemploymentlawyerblog.com/

Nov 6
Vegas, Vegas, Vegas, (And the Vulnerability of Tipped Employees for Minimum Wage Underpayment in the Silver State)

Las Vegas is a great city to visit, partly due to its heavy dependence on the service industry. Recently, though, some professions in its service industry that rely on tips (and whose employers count on those tips to exceed minimum wage in order to not pay regular minimum wages) have been making the news. Most noticeably, card dealers and adult dancers. Earlier this year, Tennessee Law Blog reported on Vegas wage lawsuits filed by dealers against casinos for illegal tip pooling. (More... Posted on November 6, 2009 at 06:28 pm by Jim Higgins
Nov 5
Sexual Discrimination in the Workplace

In Tennessee, as in other parts of the country, sexual or gender discrimination is a hotly contested issue. The Equal Employment Opportunity Commission (EEOC) keeps statistics on filed claims and resolutions within their system. In 2008, there were over 28,000 claims filed alleging gender discrimination. For the claims that were successfully resolved, over $109 million was paid out to aggrieved employees. While it is arguable that the country has made progress on gender issues, these statistics... Posted on November 5, 2009 at 05:55 pm by Jim Higgins
Nov 4
Should I be paid for “on-call” time?

With the widespread availability of cell phones, blackberries, e-mail, fax machines and other modern day tools; we are tied closer to the workplace than ever before. We can be called into work at a moment's notice and many companies required employees to be available for what they call "on call" time. So when should an employee be compensated for time they have spent "on call"? The answer will depend on each specific case, however the Department of Labor and the United States Supreme Court in... Posted on November 4, 2009 at 12:49 pm by Jim Higgins

Rank This Week: 1700

ERISA Lawyer Blog

Covers employeee benefits, ERISA, and employment law. By Stanley D. Baum.

http://www.erisalawyerblog.com/

Nov 6
Executive Compensation-Deadline For Amending Bonus Plans Is Approaching

IRS Revenue Ruling 2008-13 changed one of the exceptions to the $1million limit under Section 162(m) of the Internal Revenue Code (the "Code") on the deductibility of bonus pay by public companies, and generally requires that bonus plans be amended before the start of 2010 to reflect this change. By way of background, Section 162(m)(1) of the Code provides that, in the case of any publicly held corporation, no deduction is allowed for the compensation of any "covered employee" (generally, the... Posted on November 6, 2009 at 11:57 am by Stanley D. Baum
Nov 4
ERISA-Eighth Circuit Rules That A Participant In A Defined Benefit Plan Cannot Sue The Fiduciaries For Investment Losses And Excess Fees When The Plan Is Overfunded

In Mcullough v. Aegon USA, Inc., No. 08-1952 (8th Cir. 2009), the plaintiff, Randal McCullough, was a participant in a defined benefit pension plan (the "Plan") of the defendant, Aegon USA, Inc. ("Aegon"). He had brought suit against Aegon under Section 1132(a)(2) of ERISA, alleging that various fiduciaries of the Plan had breached their fiduciary duties to the Plan. The District Court granted summary judgment for Aegon. One of the plaintiff's claims was that the fiduciaries had breached their... Posted on November 4, 2009 at 08:07 am by Stanley D. Baum
Nov 3
ERISA-Tenth Circuit Rules That A Plan Administrator's Decision To Deny Benefits Must Be Reviewed De Novo Since It Was Not Made By The Plan's Deadline

In Rasenack v. AIG Life Insurance Company, No. 07-1521 (10th Cir. 2009), the plaintiff had requested accidental paralysis and rehabilitation benefits from AIG Life Insurance Company, the insurer, and AIG Claim Services, the plan administrator with discretionary authority to decide claims (collectively, "AIG"), under a plan which was maintained by the plaintiff's employer, and which was funded with an accidental death and dismemberment ("AD&D") policy issued by AIG (the "Plan"). AIG denied... Posted on November 3, 2009 at 09:09 am by Stanley D. Baum

Rank This Week: 1724

Doorey's Workplace Law Blog

Covers Canadian labour and employment law. By Professor David Doorey.

http://www.yorku.ca/ddoorey/lawblog

Nov 6
Real Pleadings: Walmart Sues UFCW for Using its Logo & Slogans

A couple of months ago, the media got wind of a lawsuit filed by Walmart against the Canadian United Food and Commercial Workers seeking an injunction to stop the union from using Walmart logos and slogans on a union website dedicated to encouraging Walmart workers to join unions. Here is the New York Times article. This [...] Posted on November 6, 2009 at 07:18 am by admin
Nov 5
Top 100 Employment Law Blogs!

The amazing annual list of the Top 100 Employment Law blogs prepared by the Delaware Employment Law blog is up again. Here it is. It's amazing both for the fact that someone has been able to compile this list, and because it shows the interest in this new information-sharing medium. Thanks to the Delaware Employment [...] Posted on November 5, 2009 at 08:41 am by admin
Nov 4
Wal-Mart Fires Security Guard for Catching Thief

Since we are talking about dismissal for cause in my employment law course this week, I'd thought I'd note an American incident involving that bastion of progressive employment practices, Wal-Mart. Security guard Josh Rutner saw a man walk out of the store with a box of golf balls and told him to stop, but the [...] Posted on November 4, 2009 at 07:54 am by admin

Rank This Week: 1765

CCH Workday

Covers labor and employment law developments.

http://cch-workday.blogspot.com/

Nov 6
Live in California, unemployed, need a discount?

Responding to a very tough economic climate, many California businesses began offering discounts to state employees who had their salaries reduced when Gov. Arnold Schwarzenegger instituted reduced workweeks back in February of this year. Several creative offers quickly sprung up: discounted museum admission; ten percent off on "Furlough Fridays" at various restaurants; and discounted resort passes. Sensing some unfairness toward the private workforce, a San Diego area attorney sent demand... Posted on November 6, 2009 at 07:01 am by David Stephanides
Nov 4
Will this bill be the first step towards a minimum standard of paid sick leave for employees?

/**/ Representative George Miller (D-Cal), chairman of the House Education and Labor Committee, and Representative Lynn Woolsey (D-Cal), chair of the Workforce Protections Subcommittee, announced the introduction of emergency temporary legislation November 3, 2009, that would guarantee a maximum of five paid sick days for employees sent home or directed to stay home because their employer believes they have symptoms of a contagious illness, or have been in close contact with an individual who... Posted on November 4, 2009 at 02:59 am by Brett Gorovsky
Nov 2
Supreme Court to consider validity of two-member NLRB rulings

/**/ The Supreme Court granted cert today in New Process Steel v NLRB to consider whether a two-member panel of the National Labor Relations Board has authority to hear cases and issue orders regarding unfair labor practice charges. Dozens of Board decisions have been appealed to the federal courts of appeals on the two-member question. Decisions have been split; the current score is 3-1 in favor of Board authority. In New Process Steel, the Seventh Circuit held the plain meaning of the NLRA... Posted on November 2, 2009 at 07:47 am by Lisa Milam-Perez

Rank This Week: 1768

Legal Developments In...

Legal Developments In Non-Competition Agreements

Reviews recent cases involving non-competition agreements and related claims. By Kenneth J. Vanko.

http://www.non-competes.com/

Nov 6
Employer's Statements About Limiting Scope of Non-Compete Barred by Parol Evidence (New Life Cleaners v. Tuttle)

It is not at all uncommon for an employee to ask questions about the scope of his non-compete agreement before signing it. Employers can, and often do, run into trouble by advising an employee that the agreement isn't as broad or restrictive as it appears on paper. However, an employee who fails to secure such limitations in writing is also asking for trouble. A perfect illustration comes by way of a recent Kentucky case, New Life Cleaners v. Tuttle. In that case, the employer presented Chad... Posted on November 6, 2009 at 03:37 am by Kenneth J. Vanko
Nov 4
Court Will Not Convert Broad Non-Disclosure Clause Into a Non-Compete Restriction (Softchoice Corp. v. MacKenzie)

We often confront a situation where an employee has jumped ship to compete directly with his ex-employer, only to be bound by a garden-variety non-disclosure clause. Inevitably, the non-disclosure clause contains a lengthy, non-exhaustive list of potentially "confidential information," almost always including something along the lines of client identities, preferences, and purchasing details (such as rebates or discounts). The question becomes whether use of this so-called confidential... Posted on November 4, 2009 at 01:43 am by Kenneth J. Vanko
Nov 2
Preliminary Injunction Ruling Brings More Clarity to Trade Secret/Confidential Information Distinction (SKF USA v. Bjerkness)

I wrote not long ago about a Missouri court which made the (rather difficult) distinction between trade secrets and confidential information. Most states have enacted a version of the Uniform Trade Secrets Act, which provides for an independent cause of action relating to theft of economically valuable information - whether prohibited by contract or not. Similarly, many employees in the digital age are now bound by some form of non-disclosure agreement, limiting their use or disclosure of... Posted on November 2, 2009 at 02:57 am by Kenneth J. Vanko

Rank This Week: 1802

Great Work!

Covers labor and employment law issues. By Roetzel & Andress.

http://ralawemployment.blogspot.com/

Nov 6
Senate Passes Legislation to Extend Unemployment Benefits

On November 4, 2009, the United States Senate voted 98-0 to extend the current unemployment insurance benefits program. The bill now goes to the House of Representatives. The Senate bill would extend unemployment benefits for up to 14 additional weeks in all states and up to 20 weeks in states with a three-month average unemployment rate of at least 8.5%. Ohio falls into the latter category. This bill is more expansive than the one previously passed by the House of Representatives, which only... Posted on November 6, 2009 at 02:27 am by ---------------------------------
Oct 30
OSHA Seeks Comments on Proposed Combustible Dust Rule

The Occupational Safety and Health Administration ("OSHA") indicates that it wishes to develop a standard designed to prevent combustible dust fires and explosions in general industry and is seeking comments. Currently, OSHA does not have a single, comprehensive standard that addresses combustible dust hazards across all industries. With respect to comments sought, OSHA seeks input from employers on several issues, such as: the extent of combustible dust hazards, the definition of "combustible... Posted on October 30, 2009 at 03:41 am by ---------------------------------
Oct 14
Workers' Comp Case Weighs In Heavy in Indiana

Workers' compensation can be a very state-specific part of the law since it is generally a state-run system, which means we typically only hear about cases that take place within our own state. Every so often, however, a case from another jurisdiction is interesting enough that we do hear about it. The most recent workers' compensation case to make national headlines was PS2 LLC v. Childers, 910 N.E.2d 809 (Ind. App. 2009) from the State of Indiana. Adam Childers was 25 years-old and worked as... Posted on October 14, 2009 at 08:32 am by ---------------------------------

Rank This Week: 1811

Delaware Employment Law Blog

Covers national headline employment law news and updates. Published by Young Conaway Stargatt & Taylor, LLP.

http://www.delawareemploymentlawblog.com/

Nov 5
How Often Should Employees Check E-Mail After Hours?

If you're an associate at the law firm Quinn Emanuel, the answer is "very, very often." According to legal tabloid, Above the Law, clients of the firm expect their attorneys to be on call 24/7. Well, according to a memo written by a partner and circulated to associates, 24/7 may be "something of an exaggeration-but not much." In fact, the memo tells associates, they should check their e-mail while they're in the office, as well as during off-duty time. Specifically, unless there is a "good... Posted on November 5, 2009 at 10:08 pm by Molly DiBianca
Nov 5
3 Reasons to Proofread that Document One More Time

I host a bi-monthly "lunch and learn" for the staff in my department; attendance is voluntary. In advance of the meeting, attendees suggest and vote on the session's topic. Topics range from software-specific, like Adobe Acrobat or PowerPoint, to soft skills, such as time management, and just about anything else they find relevant and productive. At the most recent session, we had a mixed bag of topics but ended with a quick review of some grammar and usage "troubleshooting tips." This... Posted on November 5, 2009 at 09:19 pm by Molly DiBianca
Nov 4
Top 100 Employment Law Blogs . . . plus 10

The Top 100 Employment Law Blogs is back and updated for 2009. Ok, so it's the Top 110 this year. There were just too many great blogs that 100 wouldn't do the trick. The list, of course, is totally subjective and based only on my personal opinion. One criteria that I did use this year, though, was a most-recent-post criteria. Blogs that hadn't posted more recently than September weren't eligible for the list. If you write a blog that addresses with employment-law issues and I've missed it,... Posted on November 4, 2009 at 04:33 am by Molly DiBianca

Rank This Week: 1832

Employment-law.ca

Covers Canadian employment law issues. By Haber & Associates.

http://www.employment-law.ca

Nov 5
Black & Decker CEO declines to open his $20.5 Million dollar parachute

This story is great&#xe2€&#xa6.and the headline certainly sounds great, but I don't think it will signal a new era in the way executives look at compensation&#xe2€&#xa6but probably not. Nolan D. Archibald was head of Black & Decker for 24 years. He turned the company around in the 1980's by cutting costs, improving the quality of [...] Posted on November 5, 2009 at 05:47 pm by Hamilton Employment Lawyer | Mississauga Employment Lawyer
Nov 5
EI benefits for self-employed seems likely

There is soon a chance that EI Benefits would be extended to the 2.6 million self-employed persons in Canada. The benefits would be available as special benefits that would extend to issues dealing with maternity leave and compassionate care leave. The regular weekly benefits would not be an option for self-employed, given that they could [...] Posted on November 5, 2009 at 05:06 am by Hamilton Employment Lawyer | Mississauga Employment Lawyer
Nov 3
Employers: Approaches to termination packages

When I am asked to provide advice on a termination package for employers concerning an employee that they wish to terminate, my first question obviously revolves the position of the employee that they wish to terminate. There will be varying degrees of approach depending on the seniority and position of the person to be terminated. [...] Posted on November 3, 2009 at 05:22 am by Hamilton Employment Lawyer | Mississauga Employment Lawyer

Rank This Week: 1853

General Counselor

Provides employment and labor law news and commentary. By Arnstein & Lehr LLP.

http://general-counselor.com

Nov 5
Legislation to Require Paid Sick Leave Introduced into House

From Today's Daily Labor Report: Legislation to Require Paid Sick Leave For 'Contagious' Workers Introduced into House Rep. George Miller (D-Calif.) Nov. 3 introduced legislation (H.R. 3991) that would guarantee five paid sick days for workers sent home or told to stay home by their employer in relation to a "contagious" illness, such as the H1N1 virus. Miller (D-Calif.), chairman of the House Education and Labor Committee, introduced the "Emergency Influenza Containment Act"with seven... Posted on November 5, 2009 at 12:12 pm by Mark A. Spognardi
Oct 30
Employers Need Blogging and Social Networking Guidelines

Social Media in the Workplace As an attorney working with companies whose employees use social media on a daily basis I have observed that companies often react after problems occur instead of dealing with new technology proactively through sensible employee policies. Whether employees are twittering, texting, facebooking, or blogging, employee handbooks may now need social media guidelines. Employees are likely using social media, during and after work. The risks and legal issues associated... Posted on October 30, 2009 at 01:41 pm by Meghan A. Dwyer
Oct 28
Family Medical Leave Act has been amended

Obama signs legislation The FMLA has been amended. President Obama signed the National Defense Authorization Act of 2010 at 2:30 p.m. EST October 28. The full text of Senate bill signed by the President can be found here. Section 565 of the Act amends the FMLA by greatly expanding the availability and use of military family leave: Eligible employees will be able to take military caregiver leave to care for veterans who served in the regular Armed Forces, the Reserves within 5 years of the date... Posted on October 28, 2009 at 02:24 pm by Paul E. Starkman

Rank This Week: 1912

World of Work

Insight and commentary on labor and employment law. Published by Dennis Westlind of Stoel Rives, LLP.

http://www.worldofworklawblog.com/

Nov 5
Oregon Court of Appeals Upholds Claim of Negligent Failure to Investigate

In Steele v. Mayoral et al., the Oregon Court of Appeals ruled that a plaintiff could take to the jury her claim that her employer had failed to prevent sexual harassment by her supervisor by not investigating earlier incidents about the supervisor's relationships with other employees. The plaintiff, a high school guidance counselor, was dating her supervisor, the principal. She complained that the supervisor had sexually assaulted her during a date. The school district investigated the... Posted on November 5, 2009 at 10:45 am
Nov 4
Supreme Court to Rule on Authority of Two-Member NLRB

This week the U.S. Supreme Court agreed to hear an appeal in New Process Steel v. NLRB and determine whether the National Labor Relations Board (NLRB or "the Board") has the authority to decide cases with only two sitting members. The NLRB is the independent federal agency that administers the National Labor Relations Act, the primary law governing relations between unions and employers in the private sector. Typically, the NLRB is made up of five members, appointed by the President. There are... Posted on November 4, 2009 at 07:47 am
Nov 3
New TSA Regulations Potential "Gotcha" For Employers Interviewing Out-of-Town Candidates

As the economy rebounds (we hope) and hiring begins again, employers flying out-of-town job candidates in for interviews will need to be wary of new Transportation Security Administration ("TSA") regulations that require anyone booking air travel to provide the passenger's date of birth and gender. Employers who are not careful about how they implement this rule may increase their exposure to possible discrimination claims from rejected and disgruntled candidates. 49 C.F.R. &#xc2&#xa7 1540.107(b), part... Posted on November 3, 2009 at 08:22 am

Rank This Week: 1927

HR Watchdog

Covers California employment laws. By the California Chamber of Commerce.

http://calchamber.typepad.com/hrwatchdog/

Nov 5
FMLA Scope Expanded for Employees Caring for Military Members

The National Defense Authorization Act for Fiscal Year 2010 expands the scope of FMLA for employees providing care to military members to cover a member of the Armed Forces (including a member of the National Guard or Reserves) who is... Posted on November 5, 2009 at 10:14 am by Chris Eddy
Oct 30
FTC Extends Red Flags Rule Enforcement Deadline ... Again

The Federal Trade Commission has extended the deadline for enforcement of the Red Flags Identity Theft Rule. The new enforcement deadline is June 1, 2010. The deadline was extended at "the request of Members of Congress." Posted on October 30, 2009 at 03:16 pm by Chris Eddy
Oct 30
Where to Draw the Line on Halloween Costumes?

Halloween is a time for, let's say, interesting costumes, on occasion. Sometimes, the outfits can push the limits as to what is appropriate. Take a look at the recent Sacramento Bee article that addresses this revealing topic, featuring California Chamber... Posted on October 30, 2009 at 10:44 am by Chris Eddy

Rank This Week: 1933

Sacramento Sexual Harassment...

Sacramento Sexual Harassment Lawyer Blog

Covers case analysis on California sexual harassment and employment law issues. Published by Moseley Collins.

http://www.sacramentosexualharassmentlawyerblog.com/

Nov 5
Firefighters Sue For Sexual Harassment When Forced Into Gay Pride Parade, Part 4 of 7

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.) Mr. Black's Opinions Are Within the Scope of His Expertise and Plaintiffs' Designation Defendants first argue that Mr. Black's opinions exceed the scope of his expertise and designation. In their expert witness designation, plaintiffs described the general substance of the testimony Mr. Black is expected to... Posted on November 5, 2009 at 09:20 am by Moseley Collins
Oct 30
Firefighters Seek Sacramento Expert Testimony In Sexual Harassment Case, Part 3 of 7

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.) Defendants Have Not Shown That Expert Witness Michael Black's Opinion Testimony Is Inadmissible. Defendants argue that any and all testimony by plaintiffs' sexual harassment expert, Michael Black, should be excluded allegedly because some of the opinions in his report: (1) go beyond the scope of his... Posted on October 30, 2009 at 08:12 am by Moseley Collins
Oct 27
Sexual Harassment Action Filed By Sacramento Firefighters, Part 2 of 7

(Please note: the names and locations of all parties have been changed to protect the confidentiality of the participants in this sexual harassment/personal injury case and its proceedings.) With respect to subject matter: The jury need not be wholly ignorant of the subject matter of the opinion . . . if that were the test, little expert opinion testimony would ever be heard, particularly in a sexual harassment matter like this. Instead, the statute declares that even if the jury has some... Posted on October 27, 2009 at 08:02 am by Moseley Collins

Rank This Week: 1948

Virginia Non-Compete Law Blog

Covers non-compete, non-solicitation and non-disclosure provisions in employment agreements. By the Frith Law Firm.

http://virginianoncompete.blogspot.com/

Nov 5
PAST NON-COMPETE CLIENTS

Want to read what our past employment litigation / non-compete clients have said about our services? Dan's AVVO profile Lauren's AVVO Profile Need help on your non-compete agreement today? Call us locally in Roanoke, 540-985-0098 or elsewhere in Virginia 1-866-985-0098. Posted on November 5, 2009 at 03:56 am by Lauren Ellerman
Nov 4
NASTY GRAM #1 - LETTER FROM MANAGEMENT

Nice letter. Is it legal to do that in Virginia? Yes, probably. Is it ethical? I would say no. As an employee, do you have options? Yes, probably. Can our firm review a non-compete agreement with less than 1 day notice? Most days that we are not in Court, one of us is available to review an agreement, please call as soon as you get the letter demanding you sign the non-compete, so that we can discuss. Posted on November 4, 2009 at 01:40 am by Lauren Ellerman
Nov 3
WHO PAYS FOR NON-COMPETE LITIGATION?

Maybe you are the best in your industry - and highly sought after expert on X. You get a call from company ABC INC. LLC, who says they know you are the best and they want to hire you. They offer you $1,000,000 more per year and great stock options. Your ego has been thoroughly inflated and you say, "Fellas, sounds great but I have a non-compete agreement." (Which as an aside, is always good to disclose sooner rather than later). ABC Inc., LLC says "No problem, we figured you would, we will take... Posted on November 3, 2009 at 06:08 am by Lauren Ellerman

Rank This Week: 2017

Lawffice Space

Covers employment laws and cases. By Philip Miles.

http://www.lawfficespace.com/

Nov 4
Lawffice Space in Top 100!

The Delaware Employment Law Blog released its Top 100 Employment Law Blogs (plus 10) for 2009 today. Guess who made the cut? Oh, you cheated! It's right there in the title of this entry. Yup, Lawffice Space in just its first year of publication was recognized as one of the Top 100 (plus 10) employment law blogs. A big "Thank You" to Molly DiBianca who compiled the list. Posted on November 4, 2009 at 04:52 pm
Nov 2
EEOC and State Agencies Surge

Corporate Counsel featured an article today by Tresa Baldas, Employers Under Siege: Discrimination Complaints Flooding into EEOC. The article details a surge in discrimination claims filed with the EEOC in 2008, up 28% from 2007. Of course, readers of this blog already knew that (if you don't like numbers, I even made a picture... well, a chart of EEOC claims data.) Retaliation claims are also up 22%. The article provides some nice insight into 2009 to tide us over until the final numbers are... Posted on November 2, 2009 at 05:33 pm
Nov 1
ADA Resulting in Fewer Jobs for Individuals with Disabilities?

As I explained in an earlier post (noting the link between Title IX and Women Coaches), I will be passing along the interesting employment law tidbits I encounter in Levitt and Dubner's SuperFreakonomics. On page 139, inserted in a discussion of the law of unintended consequences: "Consider the Americans with Disabilities Act (ADA), which was intended to safeguard disabled workers from discrimination. A noble intention, yes? Absolutely--but the data convincingly show that the net result was... Posted on November 1, 2009 at 08:47 am

Rank This Week: 2075

Whistleblower Protection Blog

Covers legal issues related to corporate malfeasance and protection of whistleblowers. Published by the National Whistleblower Legal Defense and Education Fund.

http://www.whistleblowersblog.org/

Nov 4
Attend Robert MacLean's MSPB hearing tomorrow

Robert MacLean is the former U.S. Air Marshal who blew the whistle on a Bush Administration budget plan to shut down the Air Marshal program -- just as a terror alert went out. His public hearing before the Merit System Protection Board (MSPB) starts tomorrow, November 5, 2009, and you are invited to attend to show support for this historic national security whistleblower. Arrive at 10:30 am at 1800 Diagonal Rd, Suite 205, Alexandria, VA 22314. The hearing is scheduled to start at 11:00 am, and... Posted on November 4, 2009 at 11:09 am
Nov 4
The Next Big Thing In False Claims Act Litigation

"Securities fraud," said the state official and with that about 20 attorneys, all experts in False Claims Act litigation, fell off their chairs. We were in a small room, down the hall in the last break out session of the annual meeting of False Claims Act attorneys sponsored by Taxpayers Against Fraud. Most of our colleagues chose to go to another session involving particular issues of pleading fraud. That issue comes up in every case: plead fraud with particularity. Having to plead with... Posted on November 4, 2009 at 06:15 am
Nov 3
International Whistleblower News (November 3, 2009)

[Turkey] "Prosecutors looking for ways to contact whistleblower," Today's Zaman, November 3, 2009. Prosecutors conducting a probe into a clandestine group known as Ergenekon are searching for a way to reach a military officer who mailed the original copy of a military plot against the ruling party to an &#xc4&#xb0stanbul prosecutor. The plot is aimed at undermining the power of the Justice and Development Party (AK Party) and the faith-based G&#xc3&#xbclen movement. Click here to read more. [UK] Lakhani, Nina,... Posted on November 3, 2009 at 07:18 pm

Rank This Week: 2112

New York Civil Service Attorney...

New York Civil Service Attorney Law Blog

Covers employment and discrimination issues related to civil service. Published by the Law Offices of Kevin P. Sheerin.

http://civilservice.sheerinlaw.com/

Nov 4
Indictment suggesting a cover up involving former Greece cop dismissed

Brian Ball, a former Greece Police Sergeant, was accused of falsifying a document in a fatal car crash back in 2005. He allegedly closed the case before the toxicology report on the driver in question was completed. The toxicology test came back positive for marijuana. Ball appealed and the judge ruled that Ball was not given adequate opportunity to testify on his own behalf in front of the grand jury that indicted him. The judge also found that the people's case was lacking in substance and... Posted on November 4, 2009 at 09:34 am
Oct 9
Firefighter's appeal to review termination for cocaine usage denied

Matter of Peter Peltonen v Nicholas Scoppetta, Fire Commissiner of the City of New York, the Fire Department of the City of New York and The City of New York Petitioner commenced this Article 78 appeal to annul the determination of Respondents terminating Petitioner's employment as an FDNY fire fighter due to cocaine usage. Commissioner Scoppetta reviewed and accepted the recommendation of the Administrative Law Judge (ALJ), terminating Petitioner's employment after he tested positive for... Posted on October 9, 2009 at 12:26 pm
Oct 8
Police Lieutenant denied accidental disability retirement benefits

Matter of Theodore Tomita v Thomas P. DiNapoli, as Comptroller of the State of New York Petitioner brought about this Article 78 appeal to review a determination denying his application for accidental disability benefits. Petitioner was a police lieutenant employed by the City of Newburgh Police Department in Orange County. He tripped on a curb after working an overnight shift. Petitioner then filed for accidental disability benefits and was denied. He then requested a redetermination and a... Posted on October 8, 2009 at 10:50 am

Rank This Week: 2127

New Jersey Public Safety Officers...

New Jersey Public Safety Officers Law Blog

Covers employment issues related to corrections officers, firefighters, and police officers in New Jersey. Published by Frank M. Crivelli of Arpaia and Crivelli.

http://www.njpublicsafetyofficers.com/

Nov 4
Civil Service Commission's Denial of Appeal Upheld

On November 4, 2009, the Appellate Division decided In the Matter of Michael Curtin, Battalion Fire Chief (PM3593G), Elizabeth, Docket No.: A-4861-07T2. In the case, Michael Curtin appealed from the decision of the former Merit System Board ("Board"), now the New Jersey Civil Service Commission ("Commission"), denying his appeal of the scoring of his promotional examination as well as the Commission's decision again denying the appeal following remand for consideration of supplemental... Posted on November 4, 2009 at 08:49 am
Oct 22
Grievance Arbitration Award Affirmed

On October 21, 2009, the Appellate Division decided Township of Irvington v. Irvington P.B.A. Local 29, Docket No.: A-0152-08T1. In the case, the Township of Irvington appealed from Law Division orders of April 13, 2007 and July 25, 2008 that respectively confirmed an arbitration award and supplemental arbitration award rendered in arbitration proceedings resulting from grievances filed by Irvington PBA Local 29 and Irvington Superior Officers Association (hereinafter "unions"). In December... Posted on October 22, 2009 at 09:28 am
Oct 13
Denial of Accidental Disability Retirement Application Upheld

On October 13, 2009, the Appellate Division decided Raymond Joseph Foster, III v. Board of Trustees, Police and Firemen's Retirement System, Docket No.: A-5666-07T2. In the case, Raymond Joseph Foster, III, a member of the Police and Firemen's Retirement System ("PFRS"), appealed from the final decision of the Board of Trustees ("Board"), upholding the May 5, 2008 initial decision of Administrative Law Judge ("ALJ") Jeff Masin, finding that Foster "has failed to meet his burden to prove that... Posted on October 13, 2009 at 11:16 am

Rank This Week: 2134

New York Employment Attorney Blog

Covers employment agreements, employment discrimination and compensation issues. By Salvatore G. Gangemi.

http://www.newyorkemploymentattorneyblog.com/

Nov 4
Congress Poised to Overturn Supreme Court's Recent Case on Age Discrimination

Congress is considering legislation overturning a recent Supreme Court decision holding that plaintiffs asserting claims of age discrimination under the Age Discrimination and Employment Act of 1967 ("ADEA") must prove that age was the "but for" cause of the challenged adverse employment action. Posted on November 4, 2009 at 05:51 am
Oct 13
An Important Amendment to Take Effect Under New York Labor Law

An important amendment to Article 6 of the New York Labor Law is to become effective on October 26, 2009. The amendment affects New York Labor Law section 195, and requires New York employers to advise all new employees in writing of their regular rate of pay and pay day. Posted on October 13, 2009 at 08:09 pm
Sep 29
Student Interns Cannot Work for Free

Many students accept unpaid jobs with the belief that the work experience is the ultimate payoff. However, with the current economic recession, students cannot afford to work for free, and believe it or not, free student labor is against the law. Posted on September 29, 2009 at 04:52 pm

Rank This Week: 2170

Illinois Sexual Harassment...

Illinois Sexual Harassment Attorney Blog

Covers employment discrimination, constructive discharge, gender discrimination, and sexual harassment. By Peter M. LaSorsa.

http://www.illinoissexualharassmentattorneyblog.com/

Nov 4
Firefighters File Sexual Harassment Lawsuit

Kathy Rogers and Lisa Theberge who are two female firefighters filed a lawsuit against Westbrook's fire department, mayor and city administrator, claiming they failed to address sexual harassment that was documented in complaints to the Maine Human Rights Commission ("MHRC"). The MHRC is similar to the Illinois Department of Human Rights ("IDHR") and is where I file most of my sexual harassment complaints. Both women are on paid administrative leave and are alleging obscene sexual harassment... Posted on November 4, 2009 at 05:17 am by Peter M. LaSorsa
Nov 3
Ruby Tuesday Dishes Out More Than Food and Pays $225,000 To Settle Sexual Harassment Lawsuit

Six employees of Ruby Tuesday settled their sexual harassment lawsuit for a total of $225,00 which was broken down as follows: Michelle Gydosh, $101,000, Melissa Johnson, $32,000, Rosemary Singer, $57,000, Dawn Kovacs, $60,000 and Nicole Wallace, $5,000. According to the lawsuit General Manager Christopher Mendoza made sexually charged remarks to adult and teen female employees. Sometimes he also remarked about customers. Former Ruby Tuesday waitress Michelle Gydosh complained that the sexually... Posted on November 3, 2009 at 04:40 am by Peter M. LaSorsa
Nov 2
Religious Discrimination Lawsuit Filed by Wiccan

Gina Uberti a Wiccan, says she worked for Bath and Body Works for 8 years, and for 6 years had been allowed to make the annual trip in October celebrate the Wiccan holiday of Samhain. Uberti says she was granted her request to take vacation the week of Oct. 31, 2008 by her boss at the time, regional manager Scott Kerby. But Kerby was replaced by Sandra Scibelli, whom Bath and Body Works hired in 2008, according to the complaint. Uberti was fired in November 2008 and as a result filed a... Posted on November 2, 2009 at 01:23 pm by Peter M. LaSorsa

Rank This Week: 2172

San Francisco Employment Law Firm...

San Francisco Employment Law Firm Blawg

Covers workplace discrimination, sexual harassment and wrongful termination. By Arkady Itkin.

http://www.sanfranciscoemploymentlawfirm.com/sanfrancisco-employment-lawyer/

Nov 3
Terminating One Employee and Keeping the Other

Terminating an employee can be a difficult and even devastating experience to the terminated worker, but it's also not an easy decision for the manager / employer charged with the duty of retaining and discharging employees. It's not uncommon for an employee termination to seem unfounded or irrational. For example, an employer might decide to discharge a more senior employee or a good performer while retaining another worker who has performance issues or even many unexcused absences because the... Posted on November 3, 2009 at 08:34 pm by Arkady Itkin
Sep 27
Wrongful Termination: losing rights due to bad advice

Recently, one of my clients referred to me his former colleague. After having a long conversation with him, it became clear to me that he was a victim of blatant disability discrimination and retaliation for filing a workers compensation claim and for complaining about harassment because of his medical condition to the superiors of his HR manager. There was nothing I could do to help him, however, because of the bad advice of his union representative, who told the employee that he could not... Posted on September 27, 2009 at 08:20 pm by Arkady Itkin
Sep 19
California Employment Law: Why Employers Violate Overtime Laws

For a while I could not understand why so many employers violate basic overtime laws. After all, these laws are not rocket science, and plenty of resources are available for employer to understand and make sure that they comply with the rules of the Department of Labor Standards Enforcement when it comes to overtime compensation. Recently, I represented an employer at a hearing in front of the labor commissioner. The employer was clearly liable for some overtime to several of his employees, and... Posted on September 19, 2009 at 09:41 pm by Arkady Itkin

Rank This Week: 2198

Overtime Advisor

Covers violations of overtime and other federal and state wage and hour laws.

http://www.overtimeadvisor.com/

Nov 3
New York Increasing Transparency of Overtime Pay

A change to Section 195 of New York State's labor law goes into effect on October 26th, 2009. Section 195 contains notice and record-keeping requirements related to the payment of wages. It always required that new employees be notified upon hiring of their rate of pay. However, new language added to Section 195 states that an employer shall: notify his or her employees, in writing at the time of hiring of the rate of pay . . . and obtain a written acknowledgement from each employee of receipt... Posted on November 3, 2009 at 10:26 am
Oct 28
Employees Traveling Overnight - Should I Pay them for Sleep?

In a recent blog, we addressed the confusion over paying non-exempt employees for work-related travel during the day, particularly as part of commuting. This blog covers what happens when a non-exempt employee has to take an overnight trip on behalf of an employer. In cases where overnight travel is involved, under a DOL regulation, the employee's travel time generally only has to be compensated when the hours of travel overlap the hours of the day that an employee normally works: However, the... Posted on October 28, 2009 at 01:16 pm
Oct 21
Is that really an Intern?

Many industries make unpaid internships the gateway to an entry-level position. Unfortunately, as with many things in the employment law arena, what seems like a good idea may just be something that gets your company in trouble with the local Department of Labor. Internships are one of these problematic arrangements under the Fair Labor Standards Act ("FLSA"). In order for people participating in an internship or trainee program to qualify as something other than the company's employees who... Posted on October 21, 2009 at 12:18 pm

Rank This Week: 2243

New Jersey Employment Lawyer Blog

Covers New Jersey employment contracts, employment discrimination law, and severance agreements. By Krenkel & Krenkel, LLC.

http://www.newjerseyemploymentlawyer.net/

Nov 3
Associate Lawyer Creates Website To Disparage Former Employer. New Jersey Employment Lawyer Advises To Offer Severance Agreement With Non-Disparagement Clause To Avoid Problems With Former Associate Lawyers.

It looks like a group of lawyers from the State of New Jersey may need some advice from an employment lawyer. A former associate lawyer from the law firm of Levenson Axelrod has launched a website to trash his former employer. The former associate uses the domain name www.levinsonaxelrod.net to trash talk the partners at his former firm. The Levenson Firm uses www.levensonaxelrod.com for its website. New Jersey Lawyer Edward Harrington Heyburn claims that he was willing to risk litigation at... Posted on November 3, 2009 at 07:32 am by David Krenkel
Oct 26
New Jersey Employment Lawyer Advice On Social Networking Sites.

Facebook, Myspace, and other social networking sites are working their way in to employment litigation. Employment lawyers in New Jersey and other states that represent management are cautioning employers on the risks associated with managers and supervisors becoming too friendly with subordinates on ever so popular social networking sites such as Facebook. In a recent article in the New Jersey Law Journal employment lawyer Shanti Atkins, president of ELT Inc., which specializes in compliance... Posted on October 26, 2009 at 06:46 pm by David Krenkel
Oct 19
New Jersey Employment Lawyer Succeeds In Reversing District Court Ruling That Dismisses Employment Law Case Brought In New Jersey Courts. Employment Agreement Contained A California Choice Of Law Clause.

An out-of-state company that requires disputes be brought in the home state of the company may not be enforceable under the terms of an employment agreement. In this recent case, Plaintiff Nancy Nuzzi entered into an employment agreement. The agreement contained a clause which stated that litigation arising out of the agreement would be brought in the State of California. Plaintiff Nuzzi worked in the State of New Jersey. The Plaintiff sued for violations of the New Jersey Family Leave Act and... Posted on October 19, 2009 at 02:12 pm by David Krenkel

Rank This Week: 2257

HR Law Blog

Covers developments in UK employment law. By Pannone LLP.

http://blog.pannone.com/employment/

Nov 3
Associative Discrimination

The Employment Appeal Tribunal has issued its judgment on the case of Coleman v Attridge regarding the issue of associative discrimination. The EAT has upheld the tribunal's decision to reinterpret the Disability Discrimination Act to prevent discrimination and harassment on the grounds of associative discrimination. The EAT achieved this by: adding a new sub-section (5A) to section 3A - A person also directly discriminates against a person if he treats him less favourably than he treats or... Posted on November 3, 2009 at 12:00 am
Nov 2
Bullying allegations at the Tower of London

It has been reported that two male yeoman warders, or "beefeaters", at the Tower of London have been suspended following allegations of bullying and harassment by a female colleague, and a third is currently under investigation. Moira Cameron, who has made the complaints, is the only female warder at the Tower of London. Her appointment in 2007 was high profile as she was the first woman to be appointed to the post in the Tower's 900 year history. Full details of the nature of her complaint... Posted on November 2, 2009 at 12:00 am
Oct 30
Employers Forced to Offer Flexible Working

Yvette Cooper, work and pensions secretary has announced that she wants employers to offer better part-time jobs. In addition, job applicants would be able to request flexible working when applying for a job, rather than have to wait 6 months to make such an application, as provided for in current legislation. Ms Cooper has also recommended that part-time positions be promoted through a national database, all in an attempt to make it easier for parents to look for work. The above... Posted on October 30, 2009 at 12:00 am

Rank This Week: 2283

Workplace Behavioral Risk and EAPS...

Workplace Behavioral Risk and EAPS

Covers workplace counseling and employee assistance programs. By Dan Feerst.

http://eaptools.blogspot.com/

Nov 2
Workers' Comp: Getting the EAP Involved

Most organizations of any appreciable size pay workers' compensation premiums, and for the biggest companies, they are self-insured. Companies want to keep their premiums as low and self-insureds try to reduce their costs, as well. A CT-EAP (CT=Core Technology) can play a major cost-beneficial role in helping achieve these goals, but it takes education of human resource managers and those who control referrals after injury to pull the EAP into the picture. This is a utilization improvement link... Posted on November 2, 2009 at 01:02 pm by Dan Feerst, MSW, LISW
Oct 22
Part V of V - What If the Addict Says, "No!"

(Note, this post has four previous parts.) I will make all parts available in a downloadable document (grammatically proofed) at a later date.) If the addict says no, intervention participants should be ready to act on the leverage they have previously decided to use. However, it is extremely effective to give a deadline for the addict to accept the offer of help if he or she says "no." The recommendation is no more than one day. This gives the addict time to think about treatment and feel in... Posted on October 22, 2009 at 03:38 am by Dan Feerst, MSW, LISW
Oct 12
Magic in Non-Disciplinary Corrective Letters

I have always been amazed at how supervisors chase employees to improve performance, stomp their feet to get them to work on time, or scold workers to curtail their inappropriate behavior. When none of the usual, emotional wrangling to to correct employee performance works, and a major incident occurs, out come the big guns - disciplinary action. What happened to the art and science of managing employees with an effective non-disciplinary corrective letter? The missing piece of armament that... Posted on October 12, 2009 at 06:26 am by Dan Feerst, MSW, LISW

Rank This Week: 2312

Workplace Privacy Counsel

Covers employment related privacy issues. Published by Philip Gordon of Littler Medelson's Privacy and Data Protection Practice Group.

http://privacyblog.littler.com/

Nov 2
Lawyers Also Can Be Snared by Privacy Rules

Identity theft is a booming business. Each year, millions of Americans fall victim to identity theft or have their personal privacy otherwise compromised through unlawful means. Whether it comes in the form of a lost or stolen credit card, or computer hackers accessing social security numbers from employment records, financial institutions, medical records, or government agencies, the costs are staggering. Studies demonstrate that victims spend anywhere from a few hours to, in some cases,... Posted on November 2, 2009 at 09:19 am
Oct 23
New York Suspends Mandatory Flu Shots

Less than one week after a state court judge halted New York state's emergency regulation requiring mandatory H1N1 flu shots for most health care workers, Governor Paterson announced that the State Health Commissioner is suspending the requirement due to a limited supply of vaccine - approximately 23% of the anticipated amount. Available vaccines will instead be used for populations most at risk of serious illness or death, e.g., pregnant women and young people between the ages of 6 months and... Posted on October 23, 2009 at 11:43 am
Oct 21
New York Judge Halts Mandatory Flu Shots

In response to the swine flu pandemic sweeping the nation, New York in August 2009 became the only state in the United States to adopt an emergency regulation requiring most health care workers who come into contact with patients to get annual vaccinations for both seasonal and swine flu (H1N1) by no later than November 30, 2009. The regulation, issued by the New York State Commissioner of Health, provides a limited exemption for workers with "medical contraindications," but not for those with... Posted on October 21, 2009 at 02:45 pm

Rank This Week: 2339

Whistleblower Law Blog

Covers legislation, news and cases for whistleblowers and those who represent them. By The Employment Group.

http://employmentlawgroupblog.com

Nov 2
Health Care Fraud Enforcement Act of 2009 Introduced to Senate Committee

On October 28, 2009 the Health Care Fraud Enforcement Act of 2009 (S. 1959) was introduced to the Senate Committee on the Judiciary. If passed, the bill would aid the government in prosecuting health care fraud and provide stiffer penalties for cases that involve a loss of over $1 million. In addition to increasing the criminal penalties, the bill would lower the mens rea requirement of the existing health care fraud statute (18 U.S.C. 1347). Under this bill "a person need not have actual... Posted on November 2, 2009 at 06:48 am by admin
Oct 26
Law360 Quotes The Employment Law Group® Law Firm on Proposed Arbitration Fairness Act of 2009

In an article titled, "Congress May Affect Arbitration More Than High Court," Law360 reports on the Arbitration Fairness Act of 2009 (S. 931, H.R. 1020). The article discusses the potential broad impact of the legislation and compares it to the possible impact of three Supreme Court cases on the docket for this term. The Arbitration Fairness Act would prohibit arbitration agreements in certain employment, financial and commercial areas. Jason Zuckerman, a principal at The Employment Law Group&#xc2&#xae... Posted on October 26, 2009 at 01:33 pm by admin
Oct 26
TELG Client Wins over $282,000 Against UDC in Jury Trial

On October 22, 2009, a D.C. Superior Court awarded Colin Browne over $282,000 for his former employer's violations of the D.C. Whistleblower Protection Act (WPA). This is one of the highest awards under the D.C. WPA to date. The award comes after a 5 day jury trial. We first blogged about the verdict in Mr. Browne's case here. Browne was the program coordinator for UDC's federally funded Career Counseling and Development Center where he worked with UDC's at-risk students. He discovered that his... Posted on October 26, 2009 at 08:37 am by admin

Rank This Week: 2351

Rush on Business

Information on Iowa business, employment, and franchise law. By Rush Nigut.

http://www.rushonbusiness.com/

Nov 2
Shareholder Agreement Gotcha Under Iowa Business Law?

Throughout this blog you will see posts that recommend business people enter into a shareholder agreement when they start a corporation with multiple shareholders. But did you know that unless your shareholder agreement states otherwise, your shareholder agreement may only be valid for 10 years pursuant to Iowa corporate law? Chapter 490.732 of the Iowa Code seems to indicate exactly that (although I have never seen it applied in a case yet). I think this is something that maybe even some of... Posted on November 2, 2009 at 04:00 am
Oct 23
What Employers Need to Know About H1N1

In a recent interview I was asked about what employers need to know about the H1N1 virus as a follow up to my recent post on how employers need to be prepared for H1N1. I didn't have a lot of time to respond as the question came towards the end of the program and we ran out of time. As a follow up, I thought I would mention that Connecticut employment lawyer, Daniel Schwartz, has a great post on H1N1 and the workplace. Daniel lists some available resources and has several recommendations for... Posted on October 23, 2009 at 05:00 am
Oct 22
Insight on Business Interview

I had the pleasure of sitting down for an interview with Michael Libbie yesterday. We talked blogging, discrimination cases, franchising and other issues. If you didn't catch it live you can watch the podcast here. (The interview begins at about the 30 minute mark). If you haven't heard about Des Moines Local Live, you should check it out. It's an Internet radio station with 50 local radio hosts talking everything from business to sports. A real testament to Des Moines' Internet-blogging... Posted on October 22, 2009 at 05:00 am

Rank This Week: 2359

Chicago Employee Advocate

Covers Illinois employment law issues, including discrimination, retaliation, wage claims and employment contract disputes. By The Prinz Law Firm, P.C.

http://chicagoemployeeadvocate.blogspot.com/

Nov 2
Sexual Harassment and Discrimination

If there is any doubt that sexual harassment and discrimination are still prevelant in the workplace, check out this article by Andrew Greiner on the NBC Chicago website: [www.nbcchicago.com] Keep in mind: these guys went to law school. A pair of Chicago immigration lawyers -- who apparently never cracked an employment law textbook -- is in hot water over an obnoxious craigslist employment ad, according to the Chicago Tribune. In May, Samir Chowhan placed an ad on the classified listing site... Posted on November 2, 2009 at 12:43 am by Kristen Prinz
Oct 27
Asking for a Raise in a Down Economy

Many employees believe that they are trapped in their current job at their current pay because of the down economy. Because of that, even those who are working for thriving companies are wary of asking for pay raises. While it is true that the job market is not exactly thriving, an employee who is exceeding expectations and increasing company revenues should not be afraid to promote his/her accomplishments and ask for financial recognition. Timing and presentation are key. Make sure that you... Posted on October 27, 2009 at 01:08 am by Kristen Prinz
Oct 26
Social Networking at Work

Social networking is a marketing tool that companies in a range of industries are using and encouraging their employees to use. However, employees need to understand the boundaries of their authorized use of social networking websites while at work. Since most of us spend more waking hours at work than anywhere else, it is easy to blur the lines between work and personal business. If your employer is providing you use of your work computer, everything that you do on that computer belongs to... Posted on October 26, 2009 at 12:47 am by Kristen Prinz

Rank This Week: 2366

Kentucky Personal Injury Lawyer...

Kentucky Personal Injury Lawyer Blog

Covers personal injury and employment law. By Andrew S. Alitowski.

http://www.kentuckypersonalinjurylawyerblog.com/

Nov 1
Kentucky's State Song

The State Song of Kentucky is "My Old Kentucky Home." It was written by Stephen Collins Foster in 1850. It was officially declared Kentucky's State Song in 1928. One of the most popular renditions is by singer Paul Robeson. Mr. Robeson was born in 1898 and was a forerunner of the civil rights movement. This is his rendition. If you have been the subject of any discrimination, please call and speak to a lawyer at the Law Offices of Andrew S. Alitowski at 888-ASK-ANDREW (275-2637) or contact us... Posted on November 1, 2009 at 02:10 pm by Andrew S. Alitowski
Oct 26
Kentucky Freedom of Speech

The First Amendment to the U.S. Constitution is part of the Bill of Rights. The amendment prohibits, in part, making laws that infringe on the freedom of speech and religion. Recently, in 2006, the First Amendment rights of a fellow blogger were placed in jeopardy. A blogger, Mr. Nickolas, who writes on Kentucky news and polictics, in one article criticized the former Governor Ernie Fletcher. This article was sited by a New York Times article which was discussing Mr. Fletcher's indictment on... Posted on October 26, 2009 at 08:08 pm by Andrew S. Alitowski
Oct 12
Louisville, Kentucky Car Accident Attorney

One of the most basic safety tips that can be given to any driver is on how to become a better and safer driver by understanding the car's blind spots. A blind spot is an area of the road that you cannot see while driving and looking forward that you need help with by utilizing your mirrors correctly Unfortunately, most drivers in Louisville, Kentucky do not understand how to set up their mirrors correctly. This is something so simple that is often over looked and not correctly taught to new... Posted on October 12, 2009 at 07:50 am by Andrew S. Alitowski

Rank This Week: 2383

New York & New Jersey...

New York & New Jersey Employment Law

Covers employment discrimination, harassment, and wrongful termination. By Jonathan Nirenberg.

http://jnirenberg.wordpress.com

Nov 1
When Do Employers Violate the ADA By Discriminating Against Employees With Disabled Relatives?

In two previous articles, I discussed important rulings the Third Circuit Court of Appeals made in Erdman v. Nationwide Insurance Company regarding the Family & Medical Leave Act (FMLA). Specifically, that case rules that an employee's time worked from home counts toward the FMLA's 1,250 hour eligibility requirement if the employer knew or should have known the employee was working off-site, and that an employee who requests an FMLA leave is legally protected even if he never actually takes... Posted on November 1, 2009 at 09:08 am by Jonathan Nirenberg
Oct 21
Employees Who Request FMLA Leave Are Legally Protected Before They Take Any Leave

In Erdman v. Nationwide Insurance Company, the Third Circuit ruled that employees are protected by the FMLA when they request FMLA leaves, even if they never actually take an FMLA leave. The court concluded that, depending on the circumstances, firing an employee for making a valid request for FMLA leave can constitute either an interference with the employee's FLMA rights, unlawful retaliation, or both. Posted on October 21, 2009 at 04:58 am by Jonathan Nirenberg
Oct 14
Time Worked From Home Counts Toward FMLA’s Minimum Hour Eligibility Requirement If Employer Knew or Had Reason to Know Employee Worked From Home

On September 23, 2009, the United States Court of Appeals for the Third Circuit discussed when an employee's time working from home counts toward the 1,250 minimum hours required for an employee to be covered by the Family & Medical Leave Act (FMLA). Posted on October 14, 2009 at 03:50 pm by Jonathan Nirenberg

Rank This Week: 2394

Texas Employment Law Update

Covers labor and employment legal topis for Texas employers. By Russell Cawyer.

http://www.texasemploymentlawupdate.com/

Oct 31
FMLA Amended For Second Time in Two Years

President Obama signed the 2010 National Defense Authorization Act setting the budget for the Department of Defense for fiscal year 2010. The NDAA amends the Family & Medical Leave Act and is effective immediately. In relevant part, the NDAA amends the FMLA to extend its military leave entitlements. The FMLA is amended, in relevant part, as follows: Expands the exigency leave provisions (which had been limited to family members of reservists) to make clear that employees make take up to... Posted on October 31, 2009 at 02:47 pm
Oct 29
Fifth Circuit Reverses Judgment for Company that Classified Employees As Independent Contractors

Recently I wrote about the risks posed by misclassifying employees as independent contractors. In an unpublished opinion, the U.S. Court of Appeals for the Fifth Circuit (the federal appellate court that hears appeals from Texas) reversed a summary judgment awarded in favor of a company that had classified two cable splicers who performed post-Katrina telecommunications repair work for an AT&T contractor as independent contractors. In reversing the judgment for the company, the Court... Posted on October 29, 2009 at 09:19 am
Oct 27
EEOC Changes Tactics in Enforcing "Pregnancy" Discrimination Laws

The EEOC recently brought suit against the country's largest home builder on behalf of a pregnant employee who was denied a period of unpaid leave in addition to the maximum permitted under the employer's policies. What is unique about this suit is that the EEOC brought the suit under the Americans with Disabilities Act rather than the Pregnancy Discrimination Act. According to the Commission's press release, D.R. Horton, denied [the plaintiff] additional unpaid leave time after her doctor... Posted on October 27, 2009 at 06:00 am

Rank This Week: 2404

California Employment Lawyers Blog...

California Employment Lawyers Blog

Covers workers' rights and employment law case news and updates. Published by Howard | Nassiri, PC.

http://www.californiaemploymentlawyersblog.com/

Oct 30
Southern California Worker Fatally Crushed by Cardboard Compactor

In Southern California last week, a Los Angeles County factory employee was fatally crushed in an industrial compactor--giving the Occupational Health and Safety Administration (OSHA) great concern about the health and safety of the factory's employees. Efren Monterroso, a 64-year old employee at the factory, was found crushed to death inside a trash compactor at the Southland factory. Investigators believe that the fatal occupational injury occured Monterroso was crushing cardboard at the... Posted on October 30, 2009 at 09:52 am
Oct 26
Age Discrimination in Hiring Practices-- EEOC Sues Ruby Tuesday

As California Labor and Employment Lawyers, we have been following the The Equal Employment Opportunity Commission's (EEOC) recent class action lawsuit against the Maryland-based restaurant chain Ruby Tuesday--for violation of the Age Discrimination in Employment Act, (ADEA) in the restaurant's hiring practices. The EEOC, who enforces the federal laws prohibiting age discrimination, filed the employment lawsuit on behalf of job applicants who were 40 years and older, who allege that since... Posted on October 26, 2009 at 07:50 am
Oct 23
Prison Pays $1.3 Million in Female Sexual Harassment, Retaliation Claims Settlement

Our Anaheim-based Labor and Employment Attorneys have been following the U.S. Equal Employment Opportunity Commission's (EEOC) announcement last week that the operators of a privately-owned prison in Olney Springs, Colorado, have agreed to settle in a $1.3 million practice discrimination lawsuit--for the harassment, discrimination and retaliation against female employees. The lawsuit, filed by the EEOC in U.S. District Court for the District of Colorado, alleged that male managers at the... Posted on October 23, 2009 at 11:37 am

Rank This Week: 2462

Overtime Law Blog | FLSA Decisions...

Overtime Law Blog | FLSA Decisions

FLSA Case Law Review

http://overtimelaw.wordpress.com

Oct 30
M.D.Tenn.: Police Officers Who Allegedly Arrested Employees In Retaliation For Informal Unpaid Wage Complaints Are Properly Defendants In A 29 U.S.C. § 215(a) Case

Montano-Perez v. Durrett Cheese Sales, Inc. Defendant, a local Police Department, sued for their alleged role in retaliating against Plaintiffs, in cooperation with Plaintiffs' employer filed a Motion to Dismiss the FLSA Retaliation claims asserted against it. For the reasons discussed below, the Court denied the Police Department's motion. The Court cited the following extensive facts as [...] Posted on October 30, 2009 at 03:56 am by Andrew Frisch
Oct 27
9th Cir.: Different Regular Hourly Rates For Same Work On Different Shifts Does Not Violate FLSA; No Evidence That Defendant Is Attempting To Avoid Paying Overtime Wages

Parth v. Pomona Valley Hosp. Medical Center A nurse brought collective action against hospital, alleging that hospital violated the Fair Labor Standards Act (FLSA) by creating a pay plan that paid nurses working 12-hour shifts a lower base hourly rate than nurses working 8-hour shifts. The United States District Court for the Central District of California, [...] Posted on October 27, 2009 at 04:08 am by Andrew Frisch
Oct 24
D.Minn.: Defendant’s Request To Distribute Post-Notice Memorandum To Opt-ins Denied; Risk That Opt-ins Would Be Discouraged From Exercising FLSA Rights Outweighs Defendant’s Interests

Ahle v. Veracity Research Co. Following the Court's Order granting Notice, Defendant sought to send out a memorandum to all putative class members reminding them that they may not divulge trade secrets (without outlining what those trade secrets were). Plaintiff objected and Defendant's filed a Motion to send the memorandum out. Finding that the chilling effect [...] Posted on October 24, 2009 at 06:05 am by Andrew Frisch

Rank This Week: 2476

Winning Through Employee...

Winning Through Employee Communications

Covers labor and employment law issues. By Walter Orechwa.

http://employeecentric.blogspot.com/

Oct 30
Even Without EFCA’s Passage

Bloomberg has a good look inside some of the decisions made by the Obama administration favorable to unions. Obviously labor's number one priority- the Employee Free Choice Act- has not become law, but that doesn't mean the administration can not quietly impact labor law in a major way. The issues at hand include tariffs on tires made in China, stalling free-trade agreements, amending airline union election laws, and appointing union loyalists to key positions who will impact decisions like the... Posted on October 30, 2009 at 03:24 am by Brett
Oct 30
Speaking of Baseball...

Yesterday, we learned that the Major League Baseball Players Association and AFL-CIO were using some baseball players to make their pitch for the Employee Free Choice Act. And it looks like the issue of baseball and unions is not going away. No, this isn't about the MLBPA, but about the city of Philadelphia and the Transport Workers Union. The city of Philadelphia will play hosts to Games 3, 4, and 5 of the World Series (Saturday through Monday). At the same time, the Transport Workers Union... Posted on October 30, 2009 at 02:21 am by Brett
Oct 29
Because I Get My Political Advice From Baseball Players…

With the World Series as a backdrop, the Major League Baseball Players Association- which is a member of the AFL-CIO- released an ad featuring nine baseball players who support the Employee Free Choice Act. The ad states: "[A]ll Americans should have the same opportunity we've had -- to be able to join a union without being fired and to negotiate with their employers without being penalized. Today, our country is facing some tough times. Health care costs are skyrocketing. Families are losing... Posted on October 29, 2009 at 02:45 am by Brett

Rank This Week: 2477

Current Employment

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

http://currentemployment.net

Oct 29
IL Appellate Court Rejects 30-Year-Old Noncompete Analysis

The Fourth District Court of Appeals in Illinois has broken from the rest of the State and done away with a 30-year-old test used to analyze noncompete agreements. A little background on noncompetes before we go any farther. A noncompete, of course, is an agreement betwen an employee and a company that the employee won't compete directly with the employer if he quits. Usually, the agreement is limited to a certain geographic area, a certain amount of time, or both. Okay, so here's where things... Posted on October 29, 2009 at 08:34 pm by Tim Eavenson
Oct 16
Charter Schools Outside of the IL Education Labor Board…for Now

In Illinois, as elsewhere, the state's school districts have their own Labor Relations Acts and Boards. Illinois teachers' unions are certified, and their claims of unfair labor practices are heard, by the Illinois Education Labor Relations Board (or IELRB). It has been that way for many years, and while the body of decisions by the IELRB grows, it's you'd think that the jurisdiction of the Board is rarely questioned. Schools are in, everyone else is out. Of course, no issue of labor &... Posted on October 16, 2009 at 08:33 am by Tim Eavenson
Sep 23
Lessons in Trade Secrets from the NFL

The first day of law school, my Contracts professor told us that, by the time we graduated, everything we saw or did would trigger some legal concept or court case or statute in our brain. Someone asks to borrow your jacket? Bailment. Get an invoice from a mechanic? How many ways is it a deficient contract? While I can get through my day without recalling Taylor v. Caldwell, I still can't get away from labor & employment law when I try to relax. This time around, all I had to do was watch... Posted on September 23, 2009 at 10:58 am by Tim Eavenson

Rank This Week: 2483

Workplace Discrimination Blog

Covers legislation and case law pertaining to workplace discrimination and retaliation. By The Employment Law Group.

http://workplacediscriminationblog.com

Oct 29
President Signs Bill Expanding FMLA Coverage for Military

On October 28, 2009 President Obama approved legislation expanding the Family Medical Leave Act (FLMA). The amendment to the FLMA extends the availability of exigency leave to the family of regular armed forces in addition to activated Reserve and National Guard members. The amendment also expands caregiver leave for service members and veterans. The amendment was included in Section 565 of the Fiscal Year 2010 National Defense Authorization Act (H.R. 2647). The FLMA previously provided up to... Posted on October 29, 2009 at 02:02 pm by admin
Oct 22
TELG Client Wins Important Decision in 4th Circuit ADEA Claim

On October 22, 2009, the Fourth Circuit Court of Appeals reversed a district court ruling granting summary judgment against TELG client Dean Inman. Mr. Inman was the former Vice President of Technology at Klockner Pentaplast of America (KPA) based at their Charlottesville, Virginia location. Klockner Pentaplast, KPA's parent company is an international manufacturer perhaps best known for making rigid plastic films and blister packaging. Mr. Inman's suit claims he was fired for being too old... Posted on October 22, 2009 at 12:36 pm by admin
Oct 22
CA Court of Appeal Harshly Criticizes Defense’s Abusive Motion for Summary Judgment in Employment Case

On October 9, 2009, the California Court of Appeals issued a decision in Nazir v. United Airlines, Inc. In a case which cautions defendants against over-burdening a plaintiff in the employment context, the Court reviewed "what well may be the most oppressive motion ever presented to a superior court." In this opinion, the Court took on the growing problem of abuse of the summary judgment procedure, particularly in employment litigation, "especially by deep pocket defendants," seeking "to... Posted on October 22, 2009 at 06:46 am by admin

Rank This Week: 2491

New York Employment Attorneys Blog...

New York Employment Attorneys Blog

Covers employment discrimination, severance, wage violations, sexual harassment and civil rights. By The Harman Firm, P.C.

http://www.newyorkemploymentattorneysblog.com/

Oct 29
Sexual Harassment Plaintiff Dies in Queens Fire

Tragic news coming from Queens as a woman who bravely accused her employer of sexual harassment was killed in a fire last night. Bianca Wisniewski had claimed that her employer had created a hostile work environment where she was routinely harassed by members of the construction crew and her superiors. Following this conduct, she sued the construction company and JP Morgan Chase. The fire came on the eve of an evidence hearing in her case. While firefighters have claimed that the fire was not... Posted on October 29, 2009 at 08:31 am by The Harman Firm
Oct 5
Father of two fired after leaving work to go to the hospital

A Brooklyn chef working at Tina's Restaurant was fired after telling his boss he needed to go to the hospital. The 36 year old father of two was let go after taking the time off to see to his illness, leaving him unemployed with very few other options. The employee has attracted the attention of Councilwoman Gael Brewer, who has introduced legislation recently that would require employers to give full time employees paid sick time. This maneuver would help workers across the city cope with the... Posted on October 5, 2009 at 02:20 pm by The Harman Firm
Oct 5
Proposed Legislation On Age Discrimination Takes Aim at Supreme Court Decision

Late last year, the Supreme Court ruled on the matter of Gross v. FBL, greatly raising the bar for proving that an individual had been the victim of age discrimination. The court deemed that the plaintiff must prove that the adverse employment effect was directly related to ones age, and not other factors, greatly narrowing the ways in which individuals can bring age discrimination suits. This case has been widely discussed in the legal and employment worlds as they adapt to these changes in... Posted on October 5, 2009 at 01:46 pm by The Harman Firm

Rank This Week: 2504

Miami Employment Lawyer Blog

Covers Florida employment law topics, including overtime, FLSA, minimum wage, and employment discrimination. By Law Offices of Santiago J. Padilla, P.A.

http://www.miamiemploymentlawyerblog.com/

Oct 28
Florida Court of Appeals Holds that an Employee Who Voluntarily Quits her Job May Still Receive Unemployment Compensation Benefits

Many employees think that they are not entitled to unemployment compensation benefits if they quit their job. However, that is simply not true. While it is a commonly held belief that an employee who quits his job is not entitled to unemployment compensation benefits, a recent decision of the 1st District Court of Appeals in Florida demonstrates that this is not true in all cases. In essence, the Court held that even if an employee voluntarily quits his job, the employee does not necessarily... Posted on October 28, 2009 at 08:34 pm by Santiago J. Padilla
Oct 11
Court Holds that "Mere Flirting" in the Workplace is Fine; Sexual Harassment Must be Pervasive in Order to be Illegal

The Eleventh Circuit Court of Appeals (which covers Florida), recently held that "mere flirting" in the workplace is not actionable because it is part of workplace socializing. In that case, Corbitt v. Home Depot U.S.A., Inc., No. 08-12199 (11th Cir., 2009), two employees were subjected to comments, caressing, unwanted hugs, stroking of their hair, and touching of their thighs by their supervisor. The two employees were also subjected to sexually harassing telephone calls, invitations to go out... Posted on October 11, 2009 at 12:34 pm by Santiago J. Padilla
Oct 6
Uncorrected Vision Requirements May Constitute a Violation of the Americans with Disabilities Act under the New Proposed Regulations

Under the new proposed regulations to the Amendments to the Americans with Disabilities Act (ADA), if an employer denies a job to an applicant because of uncorrected vision requirement, it may be a violation of the ADA. Many jobs, such as policemen, airline pilots, firemen and paramedics require a certain degree uncorrected vision to be considered for the job. For example, the many municipalities require that applicants for police officer or fire rescue jobs have uncorrected vision of at least... Posted on October 6, 2009 at 04:55 pm by Santiago J. Padilla

Rank This Week: 2524

Iowa Law Blog

Covers business, employment, trust & estates family, real estate, regulatory compliance and utility law. By Sullivan & Ward, PC.

http://www.iowa-lawblog.com/

Oct 28
Read the Entire Agreement - Personal Liablity May be Lurking in the Document

We've previously posted on the subject of the danger of personal guarantees when entering into contracts through a business entity. Normally, the officer/agent of the company needs to sign such an agreement in his or her capacity in the company, and not in their individual capacity in order to avoid personal liability. A recent case out of the Iowa Court of Appeals clarifies that signing in your corporate capacity isn't enough on its own to limit your personal liability. In this case, which was... Posted on October 28, 2009 at 04:39 pm
Oct 16
Steve McNair - Another Failure to Plan

Former NFL football player Steve McNair is just another too-common of an example of someone who failed to plan their estate with so much at risk. As Todd Ratner on the Estate Planning Bits blog noted in his post, there are several legal issues associated to the unfortunate demise of Steve McNair that will likely result in significant cost and struggle to his family. Fame and fortune alone won't guarantee you a structured estate plan. And you don't have to be a Steve McNair to have the same... Posted on October 16, 2009 at 04:10 pm
Oct 16
Larry McLellan and Mark Landa Selected for National Honors

Sullivan & Ward's own attorneys, Larry McLellan and Mark Landa, have been selected for inclusion in the 2010 edition of Best Lawyers in America in environmental law. Larry McLellan was also included in the 2009 Great Plains Super Lawyers listing under environmental law. Congratulations to Mark and Larry for these honors! Posted on October 16, 2009 at 02:22 pm

Rank This Week: 2529

Arkansas Employment Law

Covers Title VII, wage and hour, and employment law in Arkansas. By Cox & Sterling.

http://www.aremploymentlaw.com/

Oct 28
Twitter Makes Me a Better Employment Lawyer, and It Will Make You Better at Your Job Too

Here's why: Twitter is a fire hose of information provided by some of the smartest people in the country. Twitter is known as the premiere platform for building social networks, and I'm grateful to know all the talented people I've "met" through Twitter. But, it's the information that keeps me coming back every day. Twitter allows you to follow the thoughts of experts in your industry, giving you near instantaneous access to cutting edge information and trends. Employment law is made up of both... Posted on October 28, 2009 at 07:21 am by M. McClure
Oct 5
It's better to be civil than sorry . . .

In Anderson v. Family Dollar Stores of Arkansas, Inc., the Eighth Circuit Court of Appeals closely followed the US Supreme Court's direction that Title VII is not a "general civility code for the American workplace." Employers can take comfort in the high standard courts have set regarding bad behavior in the workplace, but a company that wants to remain an employer of choice will hold their management team to a much higher standard. Bottom line, if one of your managers is a jerk, you should... Posted on October 5, 2009 at 08:26 am by Jewel Bennett
Sep 22
Arkansas Court Says Punitive Damages Available for FLSA Retaliation Claims

Determining whether an employee's duties fall within the administrative exception of the Fair Labor Standards Act can be more of an art than a science. A new Arkansas case gives employers a motive to be more conservative in their decision-making, perhaps suggesting that employers be more DaVinci than Dali. In Wolfe v. Clear Title, LLC, Wolfe, a salaried employee sued her employer, Clear Title, LLC, for violation of the FLSA and sought punitive damages for retaliation that followed her request... Posted on September 22, 2009 at 09:24 am by Jewel Bennett

Rank This Week: 2554

Wage & Hour - Development...

Wage & Hour - Development & Highlights

Highlighting recent and noteworthy developments in cases and regulations on wage and hour laws that affect large and small businesses. Published by Mark Tabakman of Fox Rothschild.

http://wagehourlaw.foxrothschild.com/

Oct 27
Court Strikes Claims In US Steel/Steelworkers FLSA Class Action

In a case entitled Clifton Sandifer et al. v. U.S. Steel Corp. a federal judge has cut out some claims from a work time class action suit, but has allowed one major allegation to remain in the case. That cause of action involves whether the employees should be paid for the time spent in walking from their locker room to their work stations. The case is in federal court in Indiana; the plaintiffs filed suit in December 2007. Unlike many class actions I have commented upon, this was not a... Posted on October 27, 2009 at 02:15 pm
Oct 22
Affirming that Mere Speculation is not Enough to Sustain FLSA Claim

In Bailey et al. v. Border Foods Inc., the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed collective and class action against a Pizza Hut franchisee after finding that the lead plaintiffs failed to adequately plead that their wages fell below the required minimum wage. The plaintiffs, former delivery drivers for Pizza Hut, accused the franchise operator of violating the federal Fair Labor Standards Act and Minnesota Fair Labor Standards Act by failing to... Posted on October 22, 2009 at 09:18 am
Oct 22
The Department of Redundancy Department: Class Action Style

In an unusual move, Rite Aid Corp. is seeking dismissal of an overtime class action filed by a former drugstore employee, asserting it is identical to another class action that had been previously filed and is still working its way through the courts. The case is docketed as Georgianna Gordon v. Rite Aid Corp. The Company urges that, under federal law, the action filed first takes precedence over this action, which was recently filed in the U.S. Southern District of New York. The earlier... Posted on October 22, 2009 at 08:47 am

Rank This Week: 2572

San Francisco Employment Lawyer...

San Francisco Employment Lawyer Blog

Covers employment claims, including workplace discrimination and workplace harassment. By Greenberg & Rudman, LLP.

http://www.sanfranciscoemploymentlawyerblog.com/

Oct 26
HAS YOUR SF BAY AREA EMPLOYER DENIED YOU A REASONABLE ACCOMODATION FOR YOUR INJURY?

The Americans with Disabilities Act (ADA) prohibits employers from discriminating against a qualified individual with a disability in relation to the job application process, hiring, firing, promotions, job training, etc. The ADA is a federal law that applies to employers with 15 or more employees. Employers in California are also prohibited from discriminating against employees on the basis of their disability under the Fair Employment and Housing Act (FEHA). This Act applies to employers with... Posted on October 26, 2009 at 11:56 pm by Greenberg & Rudman
Oct 25
WAL-MART SETTLES LAWSUIT OVER ALLEGEDLY FAILING TO PAY REQUIRED OVER-TIME TO EMPLOYEES FOR $11 MILLION. IF YOU HAVE BEEN DENIED OVERTIME BY YOUR NORTHERN CALIFORNIA EMPLOYER, CALL EMPLOYMENT LAWYERS IMMEDIATELY.

In California, employers are required to pay non-exempt employees overtime pay. Overtime must be paid to non-exempt employees who work more than 40 hours in one workweek or more than 8 hours in any one workday. Some examples of people who may be exempt from the overtime pay requirement include executive, administrative, professional employees, employees in the computer software field, and parents/spouse/child of the employer, etc. A person working more than the designated hours, should be paid... Posted on October 25, 2009 at 03:52 pm by Greenberg & Rudman
Oct 24
ARE YOU A WORKER OVER 40 YEARS OLD WHO IS BEING TREATED LESS FAVORABLY THAN YOUNGER EMPLOYEES AT YOUR SAN FRANCISCO AREA JOB?

In 2008 alone, the Equal Employment and Opportunity Commission (EEOC) received over 24,500 allegations of age discrimination. Both California and federal law prohibit age discrimination in the workplace. The federal Age Discrimination in Employment Act (ADEA) and California's Fair Employment and Housing Act (FEHA) forbid discrimination based on age for employees over 40 years old. These laws only apply to workers over the age of 40. For example, if someone is fired at 39 because they are "too... Posted on October 24, 2009 at 10:47 am by Greenberg & Rudman

Rank This Week: 2602

Aaron Morris' Business Law Alert

Provides information and insight for businesses.

http://www.businesslawalert.com/

Oct 26
Think Before You Hit "Send"

A (unintentionally) humorous cease and desist letter from a Portland law firm once again illustrates the importance of reviewing what you are sending. The case involves the Internet site Black Friday, found at www.bfads.net. As you are no doubt aware, Black Friday refers to the day after Thanksgiving, when many retailers come out with ads touting amazing bargains to kick off the start of Christmas shopping. For a few years the Black Friday site has managed to get advanced copies of many of the... Posted on October 26, 2009 at 12:53 pm
Aug 16
Godaddy.com Named in Action by Attorney Still Unfamiliar with Section 230

It seems like every few weeks I have to rail against a lawsuit I read about, wherein the attorney representing the plaintiff brings an action that is clearly barred by the Communications Decency Act. In this latest installment, we find a New York attorney who represents plaintiffs who appear to have a solid case against some individual defendants resulting from some truly horrific defamation on the Internet. But the attorney could not leave it alone. I can almost see his mind working. He thinks... Posted on August 16, 2009 at 01:28 pm
Jul 25
Company Policies and Procedures are Not the Law

Admittedly I'm straying a bit from the business LAW theme of this blog, but when I came across this story in Business Week I knew I had to share it. You may already be aware of this story because it apparently has become quite a phenom, but somehow I missed it until now. Musician Dave Carroll was traveling via United Airlines with his band mates from the band Sons of Maxwell. While sitting on the tarmac, they witnessed their instruments being tossed around by the ground crew. They reported the... Posted on July 25, 2009 at 01:50 pm

Rank This Week: 2613

Unpaid Overtime Blog

Covers Fair Labor Standards Act developments, including recent case law and legislation. By The Employment Law Group.

http://unpaidovertimeblog.com

Oct 22
IBM Agrees to Settle Unpaid Overtime Class Action for $7.5 Mil.

The settlement was reached in a putative class action suit originally filed on April 17, 2008. The suit, Danieli et al. v. IBM Corp., alleged that IBM misclassified thousands of employees as exempt from the Fair Labor Standard Act's ("FLSA") overtime pay requirements. The plaintiffs claim that as a result of this misclassification, they were underpaid and failed to receive credit for overtime compensation for their retirement plan as required by the Employee Retirement Income Security Act. The... Posted on October 22, 2009 at 06:39 am by admin
Oct 20
Department of Labor Files Amicus Brief in Support of Drug Reps

On Wednesday, October 14, 2009, the Secretary of Labor submitted an amicus curiae brief supporting the position of over 2,500 pharmaceutical sales representatives seeking payment for overtime. The brief claims that the U.S. District Court for the Southern District of New York erred when it found that Novartis Pharmaceutical sales representatives are exempt from the overtime provisions of the Fair Labor Standards Act ("FLSA"). At issue is whether the sales representatives were exempt under... Posted on October 20, 2009 at 07:36 am by admin
Oct 8
Supreme Court Declines Review of $35.6 Million Verdict Against Family Dollar for Unpaid Overtime

This week the Supreme Court denied writ of certiorari in Morgan v. Family Dollar Stores, Inc., thereby allowing the 2006 jury verdict in favor of 1,424 store managers for unpaid overtime to stand. Among the issues raised on appeal was whether store managers were correctly classified as exempt employees under the Fair Labor Standards Act (FLSA). The plaintiffs, current and former store managers, alleged that Family Dollar failed to pay its store managers overtime in violation of the FLSA. Family... Posted on October 8, 2009 at 10:38 am by admin

Rank This Week: 2687

California Employment Law Report

Covers California employment law trends, cases and issues. By Anthony Zaller.

http://www.californiaemploymentlawreport.com/

Oct 21
Arbitration Agreement Upheld Despite Employee's Argument It Was Not Mutual And Adhesive

In Roman v. Superior Court, the Court of Appeals upheld an arbitration agreement where the employee challenged the agreement by arguing that the agreement was unenforceable because it only obligated the employee to arbitrate his claims. The court disagreed with plaintiff's argument and explained that the mere inclusion of the words "I understand" or "I agree" does not destroy the mutuality of an arbitration agreement. Roman v. Superior Court, 172 Cal.App.4th 1462, 1473 (2009). The arbitration... Posted on October 21, 2009 at 08:47 am
Sep 25
HR professionals note to employment lawyers: stop working off of fear

The HR blog Fistfull of Talent raises a concern I think a lot of HR professionals feel. See article "Hey Employment Law 'Experts', You're Killing My Profession." Kris Dunn expresses the all too common sentiment that employment lawyers are not advising their clients - but are rather scaring them into inaction. Kris uses the example of advice some lawyers are providing about whether or not companies should use social networking sites and Google to conduct background checks on job applicants.... Posted on September 25, 2009 at 12:11 pm
Sep 15
10 common California employment law mistakes by start-up companies

Start-up companies are usually saving every penny and operating on small margins. Simply the cost of defending an employment lawsuit could bring the entire venture into jeopardy. Here is a list of ten common California employment law mistakes made by start-ups: Assuming everyone can be paid a salary, and not paying overtime for hours over 8 in one day or 40 in one week. For a company to not pay overtime, it has the burden of proof to establish that the employee meets an exemption to... Posted on September 15, 2009 at 08:43 am

Rank This Week: 2703

Employment Lawyer Blog

Covers workplace discrimination, and employee rights news and updates. By Joseph, Herzfeld, Hester & Kirschenbaum LLP.

http://www.employment-lawyer-blog.com/

Oct 19
Personal Sexual Harassment Spills Over into Retaliation Case at Cascade Foods

According to wire reports, an as of yet unidentified Latina women in her thirties has sued her former employer, Cascade Foods, for retaliation, after she refused to amend a restraining order against a coworker. According to the lawsuit, which was filed in District Court in Oregon by the U.S Equal Employment Opportunity Commission (EEOC), Cascade Foods violated Title VII of the Civil Rights Act of 1964 by punishing the woman for protesting the workplace harassment of a former boyfriend. The... Posted on October 19, 2009 at 08:24 pm by Charles Joseph
Oct 14
Age Discrimination Decision by Supreme Court Angers Congress

The debate over age discrimination in the workplace has reached a boiling point. According to October 6th news reports, Sen. Patrick Leahy, Sen. Tom Harkin and other leaders of the Democratic establishment have launched actions intended to overturn a landmark Supreme Court verdict on the subject. In the June ruling -- decided by a razor thin 5-4 margin -- the Supreme Court ruled that age discrimination claimants must meet a higher burden of proof than had been required. Previously, if a... Posted on October 14, 2009 at 08:23 pm by Brian Fredericks
Oct 7
Disability Discrimination Suit against Sears Settles for $6.2 Million

According to a September 29th article in the Chicago Sun-Times, Sears Holding Corporation has been ordered by a federal judge to pay $6.2 million related to a disability discrimination case that has traversed its way through the courts since 2004. The lawsuit arose after a Sears employee named John Bava discovered that Sears had fired him at the terminus of his workers' compensation leave. (Bava had worked as a technician for Sears. He injured himself years ago while making repairs at a... Posted on October 7, 2009 at 08:21 pm by D. Maimon Kirschenbaum

Rank This Week: 2727

Working the Law: News and Views on...

Working the Law: News and Views on Employment Issues

Covers Massachusetts employment law issues such as employment discrimination, sexual harasment and wrongful discharge. By Jack Merrill.

http://framinghamlegal.com

Oct 19
Court Clarifies Punitive Damages Guidelines

In a ruling that may be useful to Massachusetts employers, the Supreme Judicial Court in October made clear that puntive damages can only be awarded to discrimination plaintiffs when their employer's conduct is "outrageous or egregious." Punitive damages are, after all, available only to punish bad actors, not to permit windfall awards to discrimination victims who [...] Posted on October 19, 2009 at 06:36 am by Jack
Sep 23
Misclassifying Workers Can Mean Big, Big Damages

Employers who misclassify their workers as independent contractors now have even more to worry about. In August, the state's highest court made clear they could pay huge damages for this transgression of the law, even if they merely made an honest mistake. In a majority opinion, the Massachusetts Supreme Judicial Court concluded that employers can't defend [...] Posted on September 23, 2009 at 02:06 pm by Jack
Sep 17
Court Rulings Pose Risks For Employers

Massachusetts courts have been busy in the employment arena lately. In Summer 2009, they issued at least three substantive decisions that may force employers to take quick action on policy manuals, arbitration agreements and wage payment policies. Though none of the decisions change the law outright, each is employee friendly and stretches employer duties to new [...] Posted on September 17, 2009 at 06:36 am by Jack

Rank This Week: 2743

Orange County Employment Lawyer...

Orange County Employment Lawyer Blog

Covers employment discrimination, overtime, rest breaks and employee misclassification. By Duvel & Duvel.

http://www.orangecountyemploymentlawyerblog.com/

Oct 16
California Employers Cannot Offset Rent for Wages Without A Voluntary Written Agreement

My Orange County Employment Law Firm has recently handled two rental offset cases, one in Orange County and one in Los Angeles County. Generally, rent may not be credited against minimum wage without a voluntary written agreement between the employee and the employer. Both clients were property managers, one at a Hotel and the other at a large apartment complex. They earned low hourly wages, and had their rent offset from their wages. This is legal, however, there are strict guidelines as to... Posted on October 16, 2009 at 12:28 pm by Duvel & Duvel
Oct 12
California Employers May Be Liable For Damages Caused By Its Employees During Business Trips

In the recent California Court of Appeals decision Jeewarat v. Warner Brothers Entertainment, the Court relied on what is known as the "special errand doctrine". This doctrine provides an exception to the "going and coming rule" which means that an employee who has an accident during travel time to and from home to work is solely responsible for the accident, not the employer. My Orange County Employment Law Firm has handled many cases regarding travel time. However, those cases usually center... Posted on October 12, 2009 at 11:58 am by Duvel & Duvel
Oct 6
EEOC Approves Amendments to the ADA.

Any California employee who feels they were discriminated against at work due to a disability falls under the auspice of the EEOC (Equal Employment Opportunity Commission). As discussed in my prior blog post, disabilities used to be defined as "conditions that affect one or more of the body systems, such as the musculoskeletal and neurological systems, and that limit an individual's ability to participate in a major life activity." On September 23, 2009, the new Amendments to the ADA (Americans... Posted on October 6, 2009 at 11:18 am by Duvel & Duvel

Rank This Week: 2767

Employment Law Blog: Noteworthy...

Employment Law Blog: Noteworthy Developments in Labor and Employment Law for Employees and Employers

Covers employment discrimination, FMLA, public records, retaliation, sexual harassment and wrongful termination. By Hill Wallack LLP.

http://www.hillwallack.com/weblogs/pa-nj-employmentlaw/

Oct 13
New York Times Weighs in on Need to Override Supreme Court Age Discrimination Decision

by Virginia L. Hardwick Last June, many were surprised by the Supreme Court's decision in Gross v. FBL Financial, which held plaintiffs bringing claims for age discrimination under the Age Discrimination in Employment Act (ADEA) to a higher standard of proof than is required for plaintiffs who sue under other statutes for discrimination on the basis of gender, race, religion or pregnancy. The FBL Financial decision, authored by conservative Justice Clarence Thomas, was roundly criticized by... Posted on October 13, 2009 at 03:27 pm by Ginger Hardwick
Oct 5
An Agreement to Arbitrate May Not Be Unilaterally Imposed on Employees

by Virginia L. Hardwick Many employers include provisions in employment contracts providing that all disputes will be submitted to binding arbitration, and shall not be litigated in court. The Eastern District of Pennsylvania recently made clear that these agreements are enforceable only if they are specific and expressly agreed to by the employee. In Stankiewicz v. Cisco Systems, the court held that there was no enforceable arbitration agreement when it was not part of the initial employment... Posted on October 5, 2009 at 11:13 am by Ginger Hardwick
Sep 30
Employers: Take Care Before Firing an Employee who Has Requested FMLA Leave

by Virginia L. Hardwick Has your employee asked for time off under the FMLA? The Third Circuit has made clear that firing that employee after the leave is requested but before it begins constitutes unlawful "retaliation" under the FMLA. Last week's decision in Erdman v. Nationwide Insurance Co., clarifies confusing and nonsensical language in an earlier Third Circuit decision (Conoshenti v. PSE&G) which stated that the first requirement of a retaliation claim is that the employee took an... Posted on September 30, 2009 at 10:28 am by Ginger Hardwick

Rank This Week: 2793

The Dissent of Man

Focuses on contract, employment and personal injury litigation. By Scott J. Kreppein.

http://kreppein.blogspot.com/

Oct 12
Protect Insurance Companies -- Funny Or Die PSA

Is that... Will Farrell and Don Draper??? Protect Insurance Companies PSA from Will Ferrellhttp://kreppein.blogspot.com Posted on October 12, 2009 at 12:43 pm by Scott J. Kreppein, Esq.
Sep 23
Overcharged By A Moving Company

I was ripped off by a moving company this weekend. We had hired three movers, but when they arrived two of the three movers appeared to be teenagers. The kids did all the work (slowly and poorly), while the adult "supervised" from the truck. When they arrived at the new house, they tried to double the price, then locked the truck when I would not agree to the overcharge. I called the police, and after more than an hour of negotiation I got them to unlock the truck by paying 27% more than the... Posted on September 23, 2009 at 01:05 pm by Scott J. Kreppein, Esq.
Sep 5
Should I file a Lawsuit? Should I Contact A Personal Injury Lawyer?

Deciding whether to file a lawsuit is a decision that must be based upon each person's individual facts and circumstances. Making an informed decision, however, is difficult without understanding what is involved in the legal process. In this post, I have tried to outline some of the factors to be considered in deciding whether to pursue a lawsuit. If you are considering filing a lawsuit, and are looking for a personal injury lawyer, particularly a construction accident lawyer, please feel free... Posted on September 5, 2009 at 09:35 am by Scott J. Kreppein, Esq.

Rank This Week: 2802

Maine Employment Lawyer Blog

Covers employment discrimination, whistleblower protection, and wage and hour laws. By Peter Thompson & Associates.

http://www.maineemploymentlawyerblog.com/

Oct 11
Maine Human Rights Commission Investigation Finds Employer Discriminated Against Employee With Brain Injury

On October 1, 2009 the Maine Human Rights Commission concluded an investigation which found that there were reasonable grounds to believe that an employee, April Vannah, was terminated from her job because of her disability by her employers New England Vending, Inc., World Wide Personnel Services, of Maine, Inc. and TRSG, Inc. The Investigator's Report indicates that Ms. Vannah had worked for these employers since 2005 as a cook and then manager at a cafeteria operated in a Lewiston Wal-Mart... Posted on October 11, 2009 at 06:44 am by Peter Thompson & Associates
Sep 24
Congress considering bill that could help unemployed Mainers

In a bill approved by the House on September 22, 2009, more than a million people could receive an additional 13 weeks of unemployment benefits. The bill would extend benefits to people living in states with unemployment rates higher than 8.5%. Maine's unemployment rate was 8.6% in August. If you've lost your job, unemployment benefits may not be the only remedy available to you. Sometimes an employer violates an employee's rights when it terminates him or her. If you think your rights have... Posted on September 24, 2009 at 09:05 am by Peter Thompson & Associates
Sep 22
Is your employer paying you what the law requires?

Many Mainers take for granted that their employers pay them at least minimum wage or time-and-a-half for overtime. However, for low-wage workers in particular, that is something no one should take for granted. In a recent study of low-wage workers around the U.S., the authors of the study found that employers routinely violate the rights of low-wage workers. Over 25% of the workers they surveyed were paid less than the minimum wage. Over 75% of the workers surveyed who worked over 40 hours per... Posted on September 22, 2009 at 10:51 am by Peter Thompson & Associates

Rank This Week: 2808

Defending The Digital Workplace

Addresses technology and employment law issues facing business professionals. By Jason Shinn.

http://jshinn.wordpress.com

Oct 10
Will Your Company E-mail Policy Eliminate Litigation?

A recent federal court decision provides a text book example of how company e-mail policies when drafted and implemented properly can reduce or otherwise eliminate litigation. Factual Background: The plaintiff, Kevin Sporer contended that his former employer, United Air Lines invaded his privacy by viewing a pornographic video attached to an e-mail that Sporer sent [...] Posted on October 10, 2009 at 09:57 am by Jason Shinn
Oct 9
October is National Cybersecurity Awareness Month

The Department of Homeland Security (DHS) marks October as the sixth annual National Cybersecurity Awareness Month. According to the DHS the theme for "National Cybersecurity Awareness Month 2009 is 'Our Shared Responsibility' to reinforce the message that all computer users, not just industry and government, have a responsibility to practice good 'cyber hygiene' and to [...] Posted on October 9, 2009 at 06:41 am by Jason Shinn
Sep 4
Confronting Sexual Harassment in the Age of Social Media

MSNBC recently ran a article highlighting the (de)evolution of sexual harassment in the context of social media: Click here for the article: Confronting Sexual Harassment in the Age of Social Media. For additional recommendations employers should consider in reducing social media risks, click here: Digital Security Report: Social Networking Sites Expand Risks for Employers. [...] Posted on September 4, 2009 at 05:07 pm by Jason Shinn

Rank This Week: 2811

Law Offices of Joseph C. Markowitz...

Law Offices of Joseph C. Markowitz

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

http://www.jcmarkowitz.com/

Oct 7
Hard Cases Create Hard Times for Arbitration.

Senator Al Franken succeeded in getting his first piece of legislation passed, an amendment to a defense appropriations bill that would prohibit defense contractors from requiring employees to submit to mandatory arbitration. The amendment was prompted by the case of Jamie Leigh Jones, who has been attempting to sue Haliburton and KBR over claims that she was raped and held against her will by co-workers. The amendment passed overwhelmingly, with only 30 Senators opposed. What is interesting is... Posted on October 7, 2009 at 09:07 am by Joe Markowitz
Sep 25
Boilerplate Discovery Objections

It is common practice, at least in California, for parties to serve written objections to nearly every interrogatory and document demand to which they respond. Notwithstanding those objections, parties frequently provide answers to the objected-to interrogatories, and produce some documents in response to objected-to document requests. The problem then is that the requesting party is never certain whether he has received complete answers or all responsive documents, without either litigating... Posted on September 25, 2009 at 08:35 am by Joe Markowitz
Sep 19
Constitutional Rights for High Schoolers

This week I volunteered for the first time to participate in a program the Los Angeles County Bar Association has been running for seven years, called Dialogues on Freedom, in which lawyers and judges lead class discussions in public high schools about constitutional rights. The hypothetical situations presented to the students deal with issues that could affect them personally, and that at the same time raise constitutional issues implicating practically every amendment in the Bill of Rights.... Posted on September 19, 2009 at 05:42 pm by Joe Markowitz

Rank This Week: 2841

Tom Appeals

Provides news and observations about employment law.. By Thomas Young.

http://tomappeals.com

Oct 4
Reminder to Small Business: Understand Contract Before Signing

A decision released by Florida's Fifth District Court of Appeal on October 2, 2009, provides an opportunity to remind small business owners of the unintended consequences that may result from the use of forms or signing of contracts that are not fully understood. The Fifth District's decision addresses the limited circumstances in which a trial court can overturn an arbitrator's ruling, even if the arbitrator's ruling is legally w

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