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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 22
California Wage Laws: Compensation for Travel / Commute Time

You are a consultant who travels from one work site to another serving the needs of your employer's customers, or you are a support service provider for one of your company's products and your travel all day from one office to another to repair or provide other on-site services. Are you entitled for compensation for the time you commute from one job site to another? The answer is yes. The Industrial Welfare Commission Orders specifically define the term "hours worked" as the time during which... Posted on November 22, 2009 at 10:43 pm by Arkady Itkin
Nov 11
Proving Workplae Retalation in California

Retaliation against employees for exercising their rights or complaining about unlawful conduct of their employer is common. However, proving retaliation presents unique challenges, as employers almost never simply admit that they retaliated against an employee. One California court discusses and provides excellent guidance on proving retaliation in California Fair Employment & Housing Commission v. Gemini Aluminum Corp. 122 Cal.App.4th 1094 (2004). In that case, the court noted that to... Posted on November 11, 2009 at 10:19 am by Arkady Itkin
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

Rank All Time: 1865

What's New in Employment Law?

Focuses on employment law developments, particularly in California.

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

Nov 21
Another Non-Solicit Bites the Dust

The Court of Appeal took up a complex lawsuit involving claims and cross-claims of unfair competition, including strong agreements not to compete or solicit and choices of law and forum clauses. The Court expanded on the decision this summer in The Retirement Group v. Galante, posted here. Basically, Dowell, other employees and their new employer, St. Jude, sued Biosense, which was attempting to enforce a non-compete agreement, which included broad non-solicitation clauses. The Court of Appeal... Posted on November 21, 2009 at 08:55 am
Nov 14
Court of Appeal Once Again Explains 132a Liability

The Court of Appeal clarified what Labor Code Section 132a means - again. It appears the Workers' Compensation Appeals Board has not adapted to the California Supreme Court's decision in Department of Rehabilitation v. Workers' Comp. Appeals Bd. (2003) 30 Cal.4th 1281 (Lauher). So, Fowler had significant spine surgery. Initially he could not be cleared to return to work as an order puller / machine operator. The doctor's restrictions permitted him to use equipment for just an hour a day. Then,... Posted on November 14, 2009 at 12:54 pm
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

Rank All Time: 466

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 All Time: 917

Overtime Law Blog | FLSA Decisions...

Overtime Law Blog | FLSA Decisions

FLSA Case Law Review

http://overtimelaw.wordpress.com

Nov 22
2d. Cir.: Mortgage Underwriters Not Subject To Administrative Exemption; Plaintiffs Are ‘Production’ Rather Than ‘Administrative’ Workers

Davis v. J.P. Morgan Chase & Co. Plaintiff, was employed as mortgage underwriter. He brought the case challenging Defendant, J.P. Morgan Chase's categorization of underwriters as administrative employees exempt from the Fair Labor Standard Act's overtime pay requirements. The District Court granted Defendant's Motion for Summary Judgment finding Plaintiff to be subject to the Administrative Exemption. [...] Posted on November 22, 2009 at 07:44 am by Andrew Frisch
Nov 20
N.D.Cal.: Damages In A Salary Misclassification Case Must Be Calculated At Time And A Half; Fluctuating Workweek Not Applicable Without “Clear Mutual Understanding” And/Or Contemporaneous Payments Of Overtime

Russell v. Wells Fargo and Co. This case was before the Court on the parties' partial Cross Motions for Summary Judgment, regarding the methodology to be applied to determine damages where, as here, an employee is misclassified and paid solely their weekly salary, despite the fact they work overtime hours. The Plaintiffs asserted that they were [...] Posted on November 20, 2009 at 04:15 am by Andrew Frisch
Nov 14
2d. Cir.: Employee Is Not Professionally Exempt Unless His Work Requires Knowledge Customarily Acquired After A Prolonged Course Of Specialized, Intellectual Instruction And Study

Young v. Cooper Cameron Corp. The U.S. District Court for the Southern District of New York held on summary judgment that, as a matter of law, plaintiff, a "Product Design Specialist," was not subject to the "professional exemption" to the overtime requirements of the Fair Labor Standards Act. Defendant appealed and the Second Circuit affirmed, holding [...] Posted on November 14, 2009 at 05:42 am by Andrew Frisch

Rank All Time: 1895

CCH Workday

Covers labor and employment law developments.

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

Nov 20
Employer alert: EEOC now enforcing GINA

On November 20, 2009, the US Equal Employment Opportunity Commission (EEOC) reminded stakeholders that, in the first legislative expansion of its jurisdiction since passage of the Americans with Disabilities Act (ADA) in 1990, the federal agency will assume responsibility on November 21 for enforcing Title II of the Genetic Information Nondiscrimination Act (GINA). GINA, signed into law in May 2008, prohibits discrimination by health insurers and employers based on individuals' genetic... Posted on November 20, 2009 at 10:12 am by Pamela Wolf
Nov 18
Hiring veterans presents unique challenges

Last week's observation of Veterans Day brings to mind the special challenges involved in bringing veterans back into the civilian workforce. Currently, the federal and most state governments provide for a veterans' preference for government jobs. Federal legislation requiring private employers to grant reemployment rights to employees who have served in the military dates back to World War II. Military leaves of absence and reemployment rights of veterans and reservists are now governed by the... Posted on November 18, 2009 at 05:43 am by Cynthia L. Hackerott
Nov 16
The up-and-down economic cycle has many employees still pedaling to work…sick

There are a few inescapable truths these days: 1. Unemployment continues to rise. 2. The flu (particularly H1N1) is on many peoples' minds. 3. No one, neither employers nor employees, knows what to make of the economic situation. So it makes perfect sense that confusion would be present in the workplace when the question of whether to report to work when sick, or when possibly sick, gets brought up. Conventional wisdom would suggest the answer to that question is not to come to work sick, but... Posted on November 16, 2009 at 06:05 am by Lucas Otto

Rank All Time: 2079

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/

Nov 22
MALE SERVERS VICTIMS OF SEXUAL HARASSMENT

California employees are protected against sexual harassment. Whether you are a man or a woman, CA and federal law state that you do not have to tolerate sexual harassment in your workplace. Sexual harassment at work occurs whenever unwelcome conduct on the basis of gender affects your job. It is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature. When male waiters at a... Posted on November 22, 2009 at 07:37 am by Greenberg & Rudman
Nov 21
AGE IS NO REASON TO DISCRIMINATE IN CALIFORNIA

In California, it is against the law for your employer to use your age as a reason to discriminate against you at work. If you are older than 40 years old, CA and federal law protects you against adverse treatment by your employer. Examples of age discrimination include not hiring you, firing you, not promoting you, demoting you, taking away your hours, or not providing you with certain benefits. Call an experienced employment attorney if you have been the victim of age discrimination at your... Posted on November 21, 2009 at 08:33 pm by Greenberg & Rudman
Nov 20
ASIAN, BLACK, WHITE, AND FEMALE JOB APPLICANTS VICTIM OF DISCRIMINATION

In California, it is against the law for your employer to discriminate against you because of your race or your gender. Whether you are black, white, Asian, Hispanic, male or female, CA and federal law protects your rights as an employee. This means that you do not have to fear not being hired, being fired, or being demoted because of your race or gender. If you have been the victim of discrimination at your job, call an experienced employment attorney today. When over 100 Asian, black, and... Posted on November 20, 2009 at 02:27 pm by Greenberg & Rudman

Rank All Time: 1272

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 22
St. Johns County Foreclosure Lawyer: Foreclosure Defense Attorney

If you own a home, subject to a Foreclosure in St. Johns county, you should contact a Florida Foreclosure Lawyer to discuss your rights. St. Johns county is made up of the following citites. Crescent Beach, Fort Matanzas, Fruit Cove,... Posted on November 22, 2009 at 07:12 am by David M. Goldman
Nov 22
Jacksonville Loan Modification Leads to Florida Foreclosure for Many.

To date, only a very small percentage of loans have received modifications. And, even those modifications are only good for number of years. At the end of the modification term, the loans revert back to what started this mess in... Posted on November 22, 2009 at 07:04 am by David M. Goldman
Nov 18
Jacksonville Loan Mortgage Modificiation Lawyer and Foreclosure Defense

Many Jacksonville Foreclosure Lawyers see the poor attempt by banks to do loan modifications. Loan Modifications are in the news in Jacksonville Florida where it appears that many have been told to stop making payments to be eligible for... Posted on November 18, 2009 at 11:21 am by David M. Goldman

Rank All Time: 156

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/

Nov 22
DEAF EMPLOYEE GETS $30,000 IN DISABILITY DISCRIMINATION SETTLEMENT. IF YOU WERE DENIED A JOB BECAUSE YOU ARE DEAF, CONTACT SF BAY AREA DISCRIMINATION ATTORNEYS IMMEDIATELY.

If you are deaf, and if you are denied a job because of your deafness, you are protected under both federal and California law. The federal Americans with Disabilities Act (ADA) is in place to protect people in your situation. Under the ADA, an employer may not refuse to hire a qualified individual with a disability solely because of their disability. In fact, the ADA applies whenever an employer treats a qualified individual with a disability unfavorably because of his/her disability. A... Posted on November 22, 2009 at 06:09 am by Greenberg & Rudman
Nov 21
HAS YOUR NORTHERN CALIFORNIA COMPANY TARGETED OLDER WORKERS WHEN CONDUCTING LAYOFFS?

In this unstable economy, older employees may be concerned with the potential for being laid off. However, under California's Fair Employment and Housing Act (FEHA) and federal Title VII, employers may not target older employees for layoffs. Age discrimination is not only wrong, but it is also illegal. However, under the law, age discrimination protection only applies to workers 40 years and older. If you are laid off from your job at 39 because your boss says you are "too old," you are not... Posted on November 21, 2009 at 07:05 pm by Greenberg & Rudman
Nov 20
LOCKHEED MARTIN IMPLICATED IN A WHISTLE BLOWER LAWSUIT. SILICON VALLEY EMPLOYMENT LAWYERS CAN HELP PROTECT YOU, IF YOU HAVE BEEN WRONGFULLY FIRED.

"Whistle blowing" is a term that refers to an employee's act of telling on an employer who is breaking the law. Recently the defense contracting company, Lockheed Martin, was sued by a former engineer for wrongful termination. Darrol Olsen, the employee, alleged he was fired after he claimed Lockheed knowingly used "defective" stealth coatings when it was manufacturing its F-22 Raptor stealth jets. "Whistle blowing" lawsuits are not uncommon. If you have stood up for what you believed was... Posted on November 20, 2009 at 11:01 am by Greenberg & Rudman

Rank All Time: 1902

The PathLaw Blog

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

http://pathlaw.com/blog/

Nov 22
Genetic Information Nondiscrimination Act Now in Effect; Extension for Unemployment Still Needed

The Genetic Information Nondiscrimination Act (GINA), which was passed last year, goes into effect this weekend with regard to its ban on employment discrimination. GINA prohibits employers from requesting genetic testing or considering someone's genetic background in hiring, firing or promotions. The EEOC's new website is a good source of information on the Act. While Congress did well in enacting GINA, its effort to extend unemployment benefits was apparently poorly executed. Although... Posted on November 22, 2009 at 12:43 pm by Narendra Ghosh
Nov 21
Court of Appeals Rules Attendant Care Services Compensable Without Pre-approval

When workers are severely injured, they may required attendant care, i.e. assistance in the home such as help with household tasks and personal nursing. Workers' compensation can cover the costs of this care, if required, even if it is provided by a family member. In recent years, the Industrial Commission, pursuant to its Fee Schedule, has sometimes said that attendant care provided by family members is not compensable, though, if approval is not obtained beforehand. The North Carolina Court... Posted on November 21, 2009 at 12:27 pm by Narendra Ghosh
Nov 20
Charlotte Office moves to 225 East Worthington Avenue

Our Charlotte office has moved, just a few blocks, to 225 East Worthington Avenue, Suite 200. The phone number for the office is still (704) 200-2009. Posted on November 20, 2009 at 12:05 pm by Narendra Ghosh

Rank All Time: 1886

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 18
More on the "dumb blond" case

The story of Jordan Wimmer, which we initially reported last week, continues. In Today's Toronto Star story, Millionaire hedge fund boss, Mark Lowe, responds to Wimmer's allegations as "gross distortions" and "hugely offensive." But under examination by Wimmer's lawyer, Lowe was forced to explain a series of "joke" emails that he forwarded around the office to employees, including Wimmer. One email, entitled "Who is your real friend?" read: "Put your dog and your girlfriend in the boot (trunk)... Posted on November 18, 2009 at 01:27 pm by Daniel Lublin
Nov 12
Escorts in the workplace may lead to employment claims

A canadian woman working as a top executive at a London, England company is suing her boss for 8 million dollars in a UK Employment Tribunal for allegations that he brought prostitutes to meetings and repeatedly called her a "stupid blonde" before she was fired, as reported in a National Post article here. In Canada it is an implied term in every employment relationship that employees be treated with decency and civility, the breach of which can lead to damages for termination, commonly known... Posted on November 12, 2009 at 12:54 pm by Daniel Lublin
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

Rank All Time: 696

The Dissent of Man

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

http://kreppein.blogspot.com/

Nov 12
Another Big Victory In The Fight Against Illegal Overdraft Fees

Hat-tip to the CL&P blog, the Federal Reserve has finally approved a rule curbing abusive overdraft fees. Starting July 1, 2010, banks will no longer be allowed to charge overdraft fees for ATM or one-time debit/credit transactions. You can read the whole rule, with commentary, here, or the cliff-notes version here. RELATED POSTS: * US Supreme Court Signals Shift In Federal Pre-Emption * Bank of America Settles NSF Fee Class-Action * June 27, 2008, "Week In Review," (the Federal Reserve is... Posted on November 12, 2009 at 11:43 am by Scott J. Kreppein, Esq.
Nov 9
Construction Injury Trial On The One- Or Two- Family Dwelling Issue

I just finished a trial in Queens. It was a construction accident case, and the issue was whether a property consisted of a one- or two-family dwelling. Under New York's construction site safety laws, specifically Labor Law 240(1) and 241(6), owners and general contractors are jointly responsible for certain types of construction accidents. This rule does not apply, however, to owners of one- or two-family dwellings who do not direct or control the work. In this case, my client had fallen... Posted on November 9, 2009 at 12:27 am by Scott J. Kreppein, Esq.
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.

Rank All Time: 2670

Delaware Employment Law Blog

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

http://www.delawareemploymentlawblog.com/

Nov 19
Facebook Pictures Cause Insurer to Revoke Benefits for Depressed Woman

Thanks to Facebook, a Canadian insurance company has revoked the disability benefits of a woman who had been out of work for more than a year and a half due to depression. Former IBM employee Nathalie Blanchard, 29, claims that she called her insurance company when her monthly sick-leave checks stopped coming and was told that she was deemed as able to return to work based on what it had found on her Facebook page. The alleged smoking-gun evidence was Blanchard's Facebook page, which Blanchard... Posted on November 19, 2009 at 10:46 pm by Molly DiBianca
Nov 18
Even the Dictionary Recognizes the Power of Facebook

"Unfriend," according to the New Oxford American Dictionary, is the word of the year. According to CNN.com: "Unfriend" beat out a tech-heavy field that included "netbook," "hashtag" and "sexting" to take the annual honor. "It has both currency and potential longevity," said Christine Lindberg, a language researcher for Oxford's U.S. dictionary program. "In the online social networking context, its meaning is understood, so its adoption as a modern verb form makes this an interesting choice for... Posted on November 18, 2009 at 01:38 pm by Molly DiBianca
Nov 18
Dec. 2 Audio Conference: Employee Caregivers Dealing With Dementia

Adria B. Martinelli will be speaking about how to accommodate workers who are caregivers and the workplace issues that commonly arise with dementia. The audio conference is 90 minutes and will cover: Helpful ideas for accommodating an affected employee, including EEOC recommendations: reducing hours and responsibilities, having co-workers act as support, and more Laws that come into play, and how to meet your obligations under ADA and FMLA Sample HR policies that can reduce the burden for your... Posted on November 18, 2009 at 10:55 am by Molly DiBianca

Rank All Time: 2211

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 20
Recognizing out-of-state same-sex marriages for purposes of public employee health insurance coverage and other benefits ruled lawful

Godfrey v Spano, 2009 NY Slip Op 08474, Decided on November 19, 2009, Court of Appeals [Decided with Lewis v New York State Department of Civil Service] Plaintiffs in this action are taxpayers challenging directives recognizing out-of-state same-sex marriages for... Posted on November 20, 2009 at 09:01 pm by Adjunct LawProfs
Nov 19
New York Law Student Fails In His Challenge To Reverse His Legal Writing Grade

Keefe v. New York Law School, ___Misc. 3d___(N.Y. Co. Nov. 17, 2009), is an interesting case. A transfer student to New York Law School from Hofstra Law School was unhappy with being placed in Legal Writing II. As I understand... Posted on November 19, 2009 at 09:12 pm by Adjunct LawProfs
Nov 19
2d Circuit Upholds Attorney Stewart Criminal Conviction For Supporting Terrorism

Disbarred defense attorney Lynne Stewart's conviction was affirmed by the 2d Circuit, but the court was very critical of the short prison sentence she was ordered to serve for providing material support to a terror conspiracy. A divided appellate court... Posted on November 19, 2009 at 09:11 pm by Adjunct LawProfs

Rank All Time: 128

Overtime Advisor

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

http://www.overtimeadvisor.com/

Nov 18
Big Costs For Misclassifying Technical Support Workers

$27.5 million settlement with Siebel Systems. $65 million settlement with IBM. $24 million settlement with Computer Sciences Corporation. Allegations in a recently certified class action against Wells Fargo with up to 3,000 possible class members. These are significant numbers. They come out of settlements and claims against major companies for misclassification of technical support workers. Many employers used to think that all employees working with computers fell into the "Exemption for... Posted on November 18, 2009 at 02:28 pm
Nov 10
The Pitfalls of Utilizing Volunteers

In this economy we are seeing employers looking for ways to cut costs (including payrolls) and job seekers looking for ways to get noticed, such as offering to work for free to "show what they've got." While these might seem like good ideas-offering an opportunity to learn in exchange for the person's labor; offering labor in exchange for a potential job-these situations could run afoul of the Fair Labor Standards Act ("FLSA"), the federal law that governs wage and hour regulations, as well as... Posted on November 10, 2009 at 07:48 am
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

Rank All Time: 2367

California Employee Rights Blog

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

http://www.calemployeerightsblog.com

Nov 12
We Fight for Those Who Cannot Fight For Themselves

George Washington once said: Discipline is the soul of an army. It makes small numbers formidable; procures success to the weak, and esteem to all. Letter of Instructions to the Captains of the Virginia Regiments [July 29, 1759]. The advocates of consumer rights, viewing the resources of defense firms and corporate defendants, can relate to the trepidation felt by the out-numbered and out-gunned Continental Army. Because of that disparity in resources, Consumer Attorneys of California ("CAOC")... Posted on November 12, 2009 at 06:54 am by James Peters
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

Rank All Time: 1106

California Employment Attorney...

California Employment Attorney Blog

California labor law, employment policies and procedures, and workplace torts. Covers By Hamer Legal.

http://www.californiaemploymentattorneyblog.com/

Apr 21
Hotel Titans Clash over Trade Secrets

Following on the heels of the Mattel v. Bratz trial, in which Mattel successfully sued Bratz for copyright infringement regarding the highly successful Bratz line, comes Starwood v. Hilton. Starwood has filed suit against Hilton, alleging that two of Starwood's key executives misappropriated thousands of confidential, trade secret documents and brought them to their new employment with Hilton, allowing Hilton to steal Starwood's concept for a new luxury hotel chain. The executives were... Posted on April 21, 2009 at 08:53 am by Hamer Legal
Apr 17
California Court Upholds Arbitration Agreement (Finally)

A California Court of Appeal issued a decision an employment law decision on arbitration this week that is remarkable in the clarity of its logic. In Roman v. Superior Court, the appellate court considered whether an agreement to arbitrate employment-related claims was enforceable. The arbitration agreement contained a clause providing, "I agree, in the event that I am hired by the company, that all disputes and claims that might arise out of my employment with the company will be submitted to... Posted on April 17, 2009 at 10:16 am by Hamer Legal
Apr 15
California Employer Not Liable for Terminated Employee's Murder of Customer

In Phillips v. TLC Plumbing, Inc., a California Court of Appeal addressed the issue of negligent hiring and retention, a common employment law stumbling block for companies. In the Phillips case, one of TLC's employees had been convicted for domestic violence and arson involving his former wife. TLC learned this about the employee when it hired him. The employee struck up a relationship with a customer while on a service call to her house. TLC terminated the employee a month later for misuse of... Posted on April 15, 2009 at 08:59 am by Hamer Legal

Rank All Time: 3360

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 21
Qui TamLawsuit NewsMassive Fraudulent Billing Overcharges to Military for Food

Over $1 billion of U.S. taxpayer money was defrauded by Public Warehousing Co. (PWC) according to recent whistleblower lawsuits now being pursued by the Department of Justice. According to one lawsuit filed under U.S. qui tam provisions, the Kuwait-based company, which has been doing business as Agility since 2006, knowingly through a series of schemes overcharged the U.S. government. As the principal food supplier to the U.S. military in Iraq, PWC filed false invoices and failed to pass... Posted on November 21, 2009 at 10:48 am by Jim Higgins
Nov 10
Can I be fired for refusing to participate in or remain silent about illegal activities?

In Tennessee the answer is no; An employer may not discharge or terminate an employee for refusing to participate in or remain silent about illegal activities. In Tennessee, the general rule is that most employees may be fired at any time-for any reason or for no reason at all-under what is known as the at-will employment doctrine. However, Tennessee recognizes a public policy exception to the at-will employment doctrine. An employer may not discharge an employee in a manner that violates a... Posted on November 10, 2009 at 09:02 am by Jim Higgins
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

Rank All Time: 1941

Connecticut Employment Law Blog

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

http://www.ctemploymentlawblog.com/

Nov 20
Appellate Court Dismisses Claims Against State On Sovereign Immunity and Exhaustion of Administrative Remedies Grounds

In a decision that will be officially released on Tuesday, November 24th, the Connecticut Appellate Court has ruled that wrongful termination and breach of implied contract claims cannot be brought against the State of Connecticut due to the protections of sovereign immunity. The case Ware v. State of Connecticut (download here), will be of greater interest to private employers because it also held that the employee did not file a hostile work environment or retaliation claim first with the... Posted on November 20, 2009 at 10:48 am
Nov 19
"Are You My Employee?" Webinar on Independent Contractors and More Now Available for Download

My sincere thanks to my colleague, Joshua Hawks-Ladds for being the featured speaker today in the continuing monthly webinar series we've been doing on hot topics in employment law. This month's webinar focused on the unintended employment relationship; in other words, everything you wanted to know about temps, independent contractors and even franchisees (and their employees). We had another great turnout and some great questions. Through the wonders of technology, even if you missed it... Posted on November 19, 2009 at 10:49 am
Nov 18
New Connecticut Law Requires Employers to Protect Employment Applications From Disclosure

Buried in a new law regarding identity theft is a provision that requires employers to protect employment applications from being disclosed. (Hat tip to my colleague Jennifer Willcox for pointing this out.) The law (Public At 09-239), which went into effect on October 1, 2009, states that "Each employer shall obtain and retain employment applications in a secure manner and shall employ reasonable measures to destroy or make unreadable such employment applications upon disposal. Such measures... Posted on November 18, 2009 at 09:48 am

Rank All Time: 307

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 All Time: 641

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 20
WIRTW #104

This week's review starts with a bunch of recent reports and statistics that shed some light on employment practices: Paul Secunda, at the Workplace Prof Blog, discusses a recent General Accounting Office study that "many employers do not report workplace injuries and illnesses for fear of increasing their workers' compensation costs or hurting their chances of winning contracts." The Washington DC Employment Law Update, on the EEOC's Performance and Accountability Report FY 2009 [PDF]. What's... Posted on November 20, 2009 at 12:29 am by Jon Hyman
Nov 19
OSHA offers Black Friday guidance for retailers

Planning to hit next week's Black Friday sales? Hoping to avoid being trampled like a Pamplona encierro? Luckily for you, our Department of Labor has come to your rescue. OSHA has release a fact sheet on Crowd Control Safety Tips For Retailers [PDF]. According to the Fact Sheet: OSHA has prepared these guidelines to help employers and store owners avoid injuries during the holiday shopping season, or other events where large crowds may gather. OSHA's tips include: Having trained security... Posted on November 19, 2009 at 12:41 am by Jon Hyman
Nov 18
GINA takes effect Saturday, November 21

Next week, we will all gather around the dining room table and share what we are thankful for. Next week also brings employers something that they may not be thankful for - a new employment law to comply with. The Genetic Information Nondiscrimination Act, which President Bush signed into law 18 long months ago, finally takes effect Saturday, November 21. Let's take a quick look at what GINA means for businesses with 15 or more employees (its coverage limit). GINA adds "genetic information" to... Posted on November 18, 2009 at 12:28 am by Jon Hyman

Rank All Time: 188

California Labor and Employment...

California Labor and Employment Law

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

http://www.CALaborLaw.com

Nov 17
Google Offers Caselaw…for FREE

Today Google announced the launch of a free federal and state caselaw database that is lightning fast and extremely powerful. It can be found at the "legal opinions and journals" section of Google Scholar. This is big news. Lawyers around the country are rejoicing now. And you should be too. Until now, the biggest providers of caselaw - Lexis-Nexis and Westlaw - have acted as a duopoly, charging lawyers a significant amount to access their caselaw databases via slow, proprietary search engines... Posted on November 17, 2009 at 06:38 pm by Eugene Lee
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

Rank All Time: 1122

Jottings By An Employer's Lawyer

Covers employment law cases. By Michael Fox.

http://employerslawyer.blogspot.com

Nov 18
Google and Legal Research

Someone else may have caught this before him, but my hat tip on Google's entry into legal research goes to Eugene Lee at California Labor Law, Google Offers Caselaw ... for FREE. Google comes out with tons of new offerings and not all of them last, so who knows about this project, but given what they have accomplished in other areas, probably worth keeping an eye on. I went over to check it out and since I have been interested in the "mixed motive" issue as a follow up to my testimony before... Posted on November 18, 2009 at 07:48 am by Michael Fox
Nov 17
Wrongful Termination North of the Border

Canadian employment law is substantially different from that in the United States. David Doorey's eponymous workplace law blog is one that I follow just as a means of staying somewhat abreast. His post today,Is a "Consensual" Relationship Between a Manager and a Subordinate Cause for Dismissal? points out a couple of ways the laws of the two countries vary. The case in question involved a manager who was discharged after he had engaged in not one, but two "consensual" sexual relationships with... Posted on November 17, 2009 at 07:26 am by Michael Fox
Nov 17
Congratulations to Workers' Comp Insider

Congratulations to Workers' Comp Insider for being named as Lexis Nexis Workers' Compensation Law Center's top workers compensation blog for 2009! A copy of the Lexis Nexis announcement is here. The folks at Lynch Ryan have been posting tremendously insightful and helpful information since September 2003. In a time when many blogs come and go, it is good to see them appropriately acknowledged for their efforts. Posted on November 17, 2009 at 06:48 am by Michael Fox

Rank All Time: 345

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 20
Work Email: "I Always Feel Like ... Somebody's Watching Me"

No, this post is not about the singer Rockwell or that annoying Geico commercial, but about whether you should just assume that your boss monitors your email. A new Wall Street Journal article suggests that is what exactly may be... Posted on November 20, 2009 at 06:50 am by laborprof lpb
Nov 20
11th Cir. Miserly Construction of Title VII

No more jumps out of the page and slaps you in the face, but the Eleventh Circuit still does not think that a worker often called 'boy' established a racially hostile environment. In Alexander v. Opelika Pub. Schs., No. 08-11014... Posted on November 20, 2009 at 06:39 am by laborprof lpb
Nov 19
Drummonds on Reforming Labor Law by Reforming Labor Law Preemption Doctrine

Henry Drummonds (Lewis & Clark) has provided me with a draft of his recent article in the Louisiana Law Review: Reforming Labor Law by Reforming Labor Law Preemption Doctrine to Allow the States to Make More Labor Relations Policy. From... Posted on November 19, 2009 at 01:04 pm by laborprof lpb

Rank All Time: 42

Alaska Employment Law

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

http://www.akemplaw.com/wiki

Nov 21
The Weekend: Ray Davies, in Concert

Raymond Douglas Davies, Tuesday night at the Berklee Performance Center 1. Boy, were there ever a lot of old people there, even a wheelchair contingent. More trips to the bathroom at a concert than I ever saw in my life. My daughter was the second youngest person there. Memo to self: Go see some current band [...] Posted on November 21, 2009 at 02:21 am by Dean Hanley
Nov 19
9th Cir: Rehab Act Protects Independent Contractors

Does &#xc2&#xa7 504 of the Rehabilitation Act, 29 U.S.C. &#xc2&#xa7 794, extend to a claim of discrimination brought by an independent contractor? The 9th Circuit (per Judge Bybee) says Yes. In order to answer that question, we must decide whether &#xc2&#xa7 504(d), which refers to "the standards applied under title I of the Americans with Disabilities [...] Posted on November 19, 2009 at 04:46 pm by Will Schendel
Nov 19
9th Cir: Kozinski on Benefits for Same Sex Federal Judicial Employees

Two days ago it was Judge Stephen Reinhardt. Now 9th Circuit Chief Judge Alex Kozinski takes another step beyond Reinhardt's order for compensatory relief, and orders OPM to stop interfering with his orders, and directs Blue Cross/Blue Shield to enroll the federal judicial employee's same-sex spouse in the health plan. In the Matter of Karen Golinski, 2009 WL [...] Posted on November 19, 2009 at 11:00 am by Will Schendel

Rank All Time: 820

Thoughts from a Management Lawyer

Covers Canadian labour and employment law. By Michael Fitzgibbon.

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

Nov 20
Black Sheep and Disruptive Innovation

I've been giving some thought of late to the so called organizational "black sheep" - you know, the contrarians, "malcontents" and those that don't tow the company line (in fact, they might not even be aware that there is a company line or care that one exists if they are aware of it). I was reminded (thanks to Tim Corcoran for his excellent post) of an interview with two-time Oscar-winning director Brad Bird of Pixar. Bird's first project at Pixar was the The Incredibles. When he showed the... Posted on November 20, 2009 at 06:28 pm by Michael Fitzgibbon
Nov 8
Is there a better way to cut costs?

That's what McKinsey & Company ask in a short Conversation Starter article. The article starts: According to a recent McKinsey Quarterly survey, 79 percent of all companies have cut costs in response to the global economic crisis-but only 53 percent of executives think that doing so has helped their companies weather it. Yet organizations continue to cut. Cost reductions often go wrong, we believe, and our experience suggests that they can be done in a better way. That is startling - only... Posted on November 8, 2009 at 03:11 pm by Michael Fitzgibbon
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

Rank All Time: 572

Labor Employment Law Blog

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

http://www.laboremploymentlawblog.com/

Nov 20
Ninth Circuit Extends Rehabilitation Act to Independent Contractors

On November 19, 2009, the Ninth Circuit handed down its opinion in Fleming v. Yuma Regional Medical Center, 07-16427. The court faced the difficult task of interpreting the interplay between Section 504 of the Rehabilitation Act (29 U.S.C. &#xc2&#xa7 794) and Title I of the Americans with Disabilities Act. The Sixth and Eighth Circuits had previously held that the Rehabilitation Act incorporated Title I in its entirety, requiring an employer-employee relationship as a prerequisite to suing for... Posted on November 20, 2009 at 03:54 pm by Sheppard Mullin
Nov 17
Family and Medical Leave Act Further Helps Military Families

In late October, President Obama signed into law a bill that increases protections for families of military personnel who wish to take leave from work under the Family and Medical Leave Act of 1993 ("FMLA"). The new amendments expand on changes implemented less than a year ago requiring that certain employers provide unpaid leave for qualifying family members of military personnel: Leave for an Exigency: An employee may take leave because of a qualifying exigency arising out of the fact that... Posted on November 17, 2009 at 04:41 pm by Sheppard Mullin
Nov 3
California Supreme Court Upholds Voluntary Employee Incentive Compensation Plan

On November 2, 2009, the California Supreme Court handed down its decision in Schachter v. Citigroup, Inc. At issue was Citigroup's voluntary employee incentive compensation plan that provided employees with shares of restricted company stock at a reduced price in lieu of a portion of the employee's annual cash compensation. Under the Plan, the employees voluntarily agreed that, should they resign or be terminated for cause before their restricted shares of stock vest, they would forfeit the... Posted on November 3, 2009 at 03:38 pm by Sheppard Mullin

Rank All Time: 1772

Juz The Fax

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

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

Nov 20
New I-9 Audits And A Dubious Fashion Statement

Holy smokes, Batman! Yesterday (November 19, 2009), the Department of Homeland Security's Immigration and Customs Enforcement Division ("ICE") announced that I-9 audit notices would be delivered immediately to approximately 1,000 employers throughout the country. The audit notice is essentially a Subpoena and compliance is mandatory. Almost immediately after the announcement (if not before it was even issued), I received a telephone call from a client stating that it had been chosen as one of... Posted on November 20, 2009 at 01:18 pm
Nov 12
New Federal Posting Requirements

Federal law requires postings in workplaces informing individuals of their rights under federal employment discrimination laws. The Equal Employment Opportunity Commission has published a notice revising its "Equal Employment Opportunity is the Law" poster to provide information concerning the Genetic Information Nondiscrimination Act of 2008 ("GINA") as well as changes to other federal laws. GINA becomes effective on November 21, 2009, 18 months after its enactment. GINA protects applicants... Posted on November 12, 2009 at 08:56 am
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

Rank All Time: 621

HR Watchdog

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

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

Nov 20
Employers Required to Display GINA Notice

Beginning Saturday, the U.S. Equal Employment Opportunity Commission (EEOC) will assume responsibility for enforcing Title II of the Genetic Information Nondiscrimination Act (GINA). Title II of GINA protects applicants and employees from discrimination based on genetic information in hiring, promotion,... Posted on November 20, 2009 at 02:01 pm by Chris Eddy
Nov 20
ICE Turns Up the Heat on Employers

In May, we informed you that the Department of Homeland Security (DHS) announced a major shift in the worksite enforcement program conducted by Immigration and Customs Enforcement (ICE), and now we've seen some of the results of that enforcement. ICE... Posted on November 20, 2009 at 10:05 am by Chris Eddy
Nov 17
OSHA Provides Crowd-Control Workplace Safety Tips

Last holiday season ended tragically for a store employee who died when a mob of shoppers rushed through the doors of a large retail store after Thanksgiving Day for a "Black Friday" sales event. In response to that and other... Posted on November 17, 2009 at 03:59 pm by Chris Eddy

Rank All Time: 2038

Storm's California Employment Law

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

http://stormsemploymentlaw.com

Nov 20
If you say so…

MoFo says [pdf]: The 2009 legislative sessions in both Sacramento and Washington, D.C. have yielded significant developments for labor and employment law. Both? I would say, on the contrary, the 2009 legislative session in Sacramento was probably the least eventful of the decade in developments "for" labor and employment law. Share it: Hide Sites Posted on November 20, 2009 at 12:52 pm by Jon-Erik G. Storm
Nov 20
Courts to Employers: Stop Trying To Loophole 16600

I apologize for the almost total lack of posting. I was in a trial that involved testimony over 4 weeks starting October 6, and just finished up the concluding briefs today. If you can believe it, in the middle of all of that I had stomach surgery which cured a debilitating case of heartburn and as an added bonus has caused me to lose 15 pounds already. So, I thought I'd point to this post from Robin Weideman on Dowell v. Pacesetter, Inc., a case which is more or less unremarkable, except that... Posted on November 20, 2009 at 12:34 pm by Jon-Erik G. Storm
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

Rank All Time: 685

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/

Nov 20
New Tenant Eviction Requirements in Iowa

The eviction process (also called a "Forcible Entry and Detainer" or "FED) in Iowa is just a little more strict. A ruling from the Iowa Supreme Court today now requires that the landlord give personal service notice of the eviction hearing. Previously, under the Iowa Uniform Residential Landlord Tenant chapter of the Iowa Code (Iowa Code 562A), if a landlord was ready to evict and had followed the necessary "notice to quit" requirements, the landlord could give the tenant notice of the eviction... Posted on November 20, 2009 at 11:42 am
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

Rank All Time: 2066

Employer Law Report

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

http://www.employerlawreport.com/

Nov 20
U.S. Customs and Border Protection Issues Proposed Regulation To Make Permanent The Voluntary Global Entry Pilot Program

Since June 6, 2008 certain low-risk U.S. citizen, U.S. national and U.S. permanent resident travelers have been able to enroll in the Global Entry program to allow for expedited clearance upon arrival at U.S. airports from travel abroad. Rather than wait in the traditional passport control line, program participants proceed to a kiosk to scan their travel documents, provide electronic fingerprints and a photograph and receive a receipt to present to a Customs and Border Protection Agent. The... Posted on November 20, 2009 at 11:08 am
Nov 19
GINA Interim Final Regulations: Highlights and the Potential Impact on Group Health Plans

On October 7, 2009, the DOL, IRS, and HHS issued interim final regulations implementing Sections 101 to 103 of the Genetic Information Nondiscrimination Act of 2008 (GINA). For group health plans, these regulations become effective on the first day of the plan year beginning on or after December 7, 2009. For the individual market, the regulations are effective December 7, 2009. The new regulations broaden GINA's general prohibition on requesting or requiring an individual or their family member... Posted on November 19, 2009 at 07:49 am
Nov 11
EEOC Revises "EEO Is The Law" Poster

The 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 Nondiscrimination Act of 2008, which becomes effective November 21, 2009. The revised poster also includes updates from the Department of Labor. Follow this link to obtain the new poster. Posted on November 11, 2009 at 05:40 am

Rank All Time: 730

Employment-law.ca

Covers Canadian employment law issues. By Haber & Associates.

http://www.employment-law.ca

Nov 20
Commissions vs employee vs independent contractor = good case

When consulted by employees on wrongful dismissal matters I often get asked about how commissions tie into calculating damages for wrongful dismissal. In the smaller but interesting case Robert Katz v. Canada Mortgage & Lending Corp. Judge Mulligan was not only asked the same thing, but he was also asked to rule on the classic [...] Posted on November 20, 2009 at 09:58 am by Hamilton Employment Lawyer | Mississauga Employment Lawyer
Nov 20
Implications of Social Networking at Work

Social networking and blogging are more popular then ever. Facebook has more than 220 million active users with thousands joining each and every day. Twitter is growing at an unprecedented speed. There are also the dynamics of popular blogs. Blogs, particularly those engaged in participatory journalism or main stream media (like Perez Hilton), are more [...] Posted on November 20, 2009 at 08:17 am by Hamilton Employment Lawyer | Mississauga Employment Lawyer
Nov 17
The importance of properly drafted employment agreements

The case of Dwyer v. Advanis, found here, details the importance of properly drafted employment contracts and why employers should not use "boiler plate" contracts or re-use or modify older employment law contracts. This case also deals with minimum notice provisions in employment contracts. The Plaintiff was hired in sales in April of 2004. He [...] Posted on November 17, 2009 at 08:28 am by Hamilton Employment Lawyer | Mississauga Employment Lawyer

Rank All Time: 2080

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 20
Non-Compete Agreements Take Another Hit in California

By Robin E. Weideman Another California court has refused to enforce non-compete and non-solicitation clauses in employment contracts signed by California employees. In Dowell v. Pacesetter, Inc., the employees at issue worked in various capacities for a biotech company. Upon accepting employment, they signed an agreement providing that for 18 months after termination of employment they would not render services for a competitor if such service could aid the competitor in competing by... Posted on November 20, 2009 at 10:34 am
Nov 19
New HIPAA Regulations Regarding Security Breaches

By Harley Bjelland The U.S. Department of Health & Human Services has issued regulations expanding the obligations of employers, Covered Entities and Business Associates when a Breach occurs releasing Unsecured Protected Health Information (UPHI) inappropriately. The regulations are available at the Department of Health & Human Services website here. All employers with HIPAA Security Policies and Procedures need to update those Policies to include the new definitions and rules requiring... Posted on November 19, 2009 at 04:13 pm
Nov 18
Paid Sick Leave for Swine Flu Victims?

By Mark Spring This month, legislation is being introduced in both houses that would guarantee paid sick leave for employees infected by the H1N1 virus or other flu like illnesses, where the employee works for a business with at least 15 employees. The legislation is being considered on an emergency basis and if passed as such would take effect 15 days days after being signed into law. The bills are currently contemplated to be temporary bills designed principally to combat the H1N1 virus and... Posted on November 18, 2009 at 09:48 pm

Rank All Time: 203

World of Work

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

http://www.worldofworklawblog.com/

Nov 17
Washington Domestic Partnership Law Impacts Employee Benefits and Family Leave

Washington voters recently approved Referendum 71, giving registered domestic partners all of the rights and responsibilities of married couples under Washington state law. Prior domestic partnership laws gave registered domestic partners limited rights and responsibilities such as hospital visitation, health care decision making, inheritance and community property rights. The new law includes all of the rights and responsibilities granted to married couples under state law. Notably, the... Posted on November 17, 2009 at 10:40 am
Nov 12
Oregon Expands Flu Hotline

Beginning today, November 12, the Oregon Department of Human Services (DHS) is offering expanded service on the Oregon Public Health Flu Hotline. Oregonians can call 1-800-978-3040 between 8:00 a.m. and 6:00 p.m. Monday-Friday, or 8:00 a.m. and 5:00 p.m. on weekends and holidays for information on the flu, including the H1N1 (or "swine flu") virus. Three services are available on the hotline: Information and referral: listen to recorded messages about the flu, or be routed to an information and... Posted on November 12, 2009 at 08:15 am
Nov 11
New Salt Lake City Ordinances Prohibit Housing and Employment Discrimination Based on Sexual Orientation

Yesterday the Salt Lake City Council unanimously passed ordinances prohibiting discrimination on the basis of sexual orientation and gender identity. Click here to download a copy of the City Council's Staff Report on the ordinances, along with full text of the new laws. Highlights of the employment discrimination ordinance include: Forbids employment discrimination based on a person's sexual orientation or gender identity in Salt Lake City. "Sexual orientation" is defined as "a person's actual... Posted on November 11, 2009 at 10:18 am

Rank All Time: 2486

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 20
Going Catty: Can You Keep Workplace Gossip at Bay?

All week long, people have been talking about Sarah Palin's autobiography Going Rogue. There are those who love her more than ever. And those who don't. And then there's the back and forth about who had to pay for what and whether an advisor to the vice presidential candidate urged her to be interviewed by Katie Couric because Katie's "insecure." (Note to self: never run for office and never Posted on November 20, 2009 at 02:54 am by Labor and Employment Group
Nov 12
Emergency Contagious Worker Paid Leave Bill

Health care debate in Congress isn't limited to the 2000 page health care reform bill passed last weekend in the House of Representatives. U.S. Rep. George Miller, (D-Calif) has introduced a employee leave bill that would allow contagious workers who are asked to stay home by their bosses five days of leave with pay.The emergency legislation (H.R. 3991), called the Emergency Influenza Containment Posted on November 12, 2009 at 08:05 am by Labor and Employment Group
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

Rank All Time: 1249

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/

Nov 20
Consensus Suggests that New Military Family Leave Regulations Effective Now

As reported in an earlier post, on October 27, 2009, President Obama signed the 2010 National Defense Authorization Act (2010 NDAA) into law. The 2010 NDAA modified the military family leave provisions of Titles I and II of the FMLA. As far as I can tell, to date, neither the DOL or OPM have taken an official position regarding the effective date of the amendments. Based on my review, the consensus of major labor and employment law firms and interested associations is that, absent an indication... Posted on November 20, 2009 at 08:58 am by carlcbosland
Nov 13
Fifth Circuit Affirms that Employee's Termination for Failure to Return to Work after Doctor's Release Did Not Violate the FMLA

The Fifth Circuit in Hart v. Comcast of Houston, LLC, No. 09-20238, 2009 U.S. App. LEXIS 22720 (5th Cir. Oct. 15, 2009) recently found that an employee who fails to return to work from FMLA as requested by his employer subsequent to being released by his physician to return to work fails to state an FMLA retaliation claim. The post-release failure to return to work as requested by the employer, the court found, was a legitimate, non-discriminatory reason justifying the employee's removal... Posted on November 13, 2009 at 09:22 am by carlcbosland
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

Rank All Time: 282

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 All Time: 347

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 20
Scope of Arbitration Submission Renders Decision on Non-Compete Remedy Unreviewable (Comprehensive Orthopaedics v. Axtmayer)

A physician and his former medical practice became embroiled in a dispute over his former employment, and like many such cases, the cause was submitted to arbitration. One of the issues in dispute concerned the physician's non-compete agreement, and the practice's assertion he breached it. As part of the arbitration submission, the arbitrator was charged with awarding attorneys' fees to the plaintiff if the medical practice prevailed under its non-compete claim. The arbitrator rendered an award... Posted on November 20, 2009 at 01:21 am by Kenneth J. Vanko
Nov 19
Connecticut Court Rejects Unclean Hands Defense In Non-Compete Case (Drummond American v. Share Corp.)

There is a big difference between a justification and an excuse. In a non-compete case, many times an employee - being in a position of having to admit breach - offers only a litany of excuses, rather than a legal justification. Such was the case in a summary judgment decision involving a claim against a sales agent for a chemical products distribution company. The ex-employee, Mahoney, sold commercial grade chemicals to large customers - and only a couple of dozen, at that - on behalf of... Posted on November 19, 2009 at 08:17 am by Kenneth J. Vanko
Nov 13
Temporary Restraining Order In Non-Compete Case Requires Showing of Immediate Harm (Ride-Away Handicap Equip. v. Tracey)

Employer seeking immediate redress from threatened competitive harm have to move fast. The preferred remedy in most non-compete disputes is an injunction, and for extreme emergencies, an employer can seek a temporary restraining order - in effect, a paper trial before the court hears live evidence. TROs are important because the employer will be largely in control of the documents. At a preliminary injunction, the defense has the benefit of time - time to amass evidence, prepare witnesses and... Posted on November 13, 2009 at 03:19 am by Kenneth J. Vanko

Rank All Time: 2193

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 20
Head-On Collision in Atlanta, Georgia Reminds Drivers of the Dangers of Road Debris and How to Avoid an Injury Crash

Yesterday on Holcomb Bridge Road in Atlanta, Georgia, a man was killed in a head-on collision after his car crossed the center line and struck another vehicle. A mother and four small children in the other vehicle were also injured and a third car was struck by debris from the initial wreck. While the owner of the vehicle struck by debris in the road was not hurt in the accident, it does bring up an interesting statistic. A study conducted by the AAA Foundation for Traffic Safety revealed in... Posted on November 20, 2009 at 07:10 am by Jack E. Clay, Esq.
Nov 17
When Accidents Happen: Recalls Can Cause Serious Injuries in Atlanta, Georgia

Every so often I will catch an article that discusses product liability disputes and product recall lists. While my Douglasville law firm primarily handles workers' compensation and personal injury cases, I find that this information can be helpful, as sometimes it may offer explanation for the causes of car accidents, truck wrecks, serious injuries or even wrongful deaths. There is an article from 11 Alive News that discusses three product recalls and, though these items do not directly relate... Posted on November 17, 2009 at 07:03 am by Jack E. Clay, Esq.
Nov 12
Car Accident Attorney in Douglasville, Georgia Reminds Drivers to "Move Over" and Avoid Injury Wrecks

If you are a Douglas County resident, perhaps you noticed an increase in law enforcement presence this week. It seems as though during a holiday week or weekend, local police are making sure to keep a close eye on drivers. Rest assured it is for everyone's safety. I wanted to take a moment to remind everyone of an important law in Georgia that also works towards keeping drivers safe. Some of you may recall from years past Georgia's Move Over Law. It has been enforced by local law enforcement,... Posted on November 12, 2009 at 07:12 am by Jack E. Clay, Esq.

Rank All Time: 456

Doorey's Workplace Law Blog

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

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

Nov 20
Guest Blog: McKennirey on Reforming the Labour-Trade Linkage

Occassionally, I've been fortunate to publish here some very interesting original papers dealing with labour law issues. Here is another one. This paper comes John McKennirey, who has a very impressive resume. He was the lead Canadian Government negotiator for the NAFTA labour agreement(1994), subsequently the first Executive Director of the NAALC International Secretariat (1995-99), and [...] Posted on November 20, 2009 at 07:27 am by admin
Nov 19
Enforcing ESA Claims Through Wrongful Dismissal Lawsuits

A while back, I mentioned an Ontario Court of Appeal case called Evagalista v. Number 7 Sales as part of my discussion of whether ESA entitlements (like overtime pay) are implied terms of employment contracts. Evagalista was a wrongful dismissal lawsuit. As part of the remedy, the Court ordered the employer to pay the employee statutory [...] Posted on November 19, 2009 at 07:28 am by admin
Nov 18
Canadian Scholars Debunk American Hysteria Over the Employee Free Choice Act

I've discussed the American labor law reform debates, and the proposed Employee Free Choice Act on a number of occasions. That law would allow unions to be certified on the basis of union membership cards rather than a mandatory vote, and would provide for access to first collective agreement arbitration. The latest version of Just Labour, [...] Posted on November 18, 2009 at 07:12 am by admin

Rank All Time: 2117

Winning Through Employee...

Winning Through Employee Communications

Covers labor and employment law issues. By Walter Orechwa.

http://employeecentric.blogspot.com/

Nov 19
Andy Stern: 2010 or Bust for EFCA

Noting the large majority for Democrats in Congress, and the possibility that that may change after the 2010 elections, SEIU President Andy Stern said next year would be a 'do-or-die' year from Employee Free Choice Act supporters. Stern said: "The Democrats really have a historic and decisive moment, for anybody who runs a business there are moments where you sort of make big choices. They have 60 votes for the first time and probably the last time they're gonna have it. They have to decide if... Posted on November 19, 2009 at 02:09 am by Brett
Nov 19
EFCA Lingo

Various news outlets have picked up on this memo from the SEIU advising their employees on the proper language to use when speaking about the Employee Free Choice Act. Here's a couple examples of what you can expect to hear: It's not card-check, but majority signup. A company isn't anti-union, but anti-worker. Don't refer to it as a secret ballot system, but a company dominated system. An SEIU spokesperson did not deny the authenticity of this memo. Rather, they are trying to "educate them... Posted on November 19, 2009 at 01:49 am by Brett
Nov 16
Who's next SEIU--Webelos and Brownies?

As an Eagle Scout myself (Troop 110, Covington, LA), I was going to contact the Boy Scouts of America National Council to submit an idea for a new Merit Badge called "Unions 101" but there is no need. More on that in a minute. Leave it to the SEIU to attack a Boy Scout for performing 250 hours of service work for his community of Allentown, as he works toward his Eagle Scout badge. Nick Balzano, president of the local SEIU, told the Allentown City Council that the union is considering filing a... Posted on November 16, 2009 at 05:00 am by Walter Orechwa

Rank All Time: 2338

The Word On Employment Law

Covers legal issues affecting the workplace. By John Phillips.

http://hrheroblogs.com/theword

Nov 20
Law Changing on Employer’s Right to Monitor Employee Email?

Not long ago, labor and employment lawyers representing employers felt comfortable advising clients that the law was weighted in an employer's favor when it comes to the subject of monitoring an employee's email at work. An employer should have a written policy advising employees that monitoring will occur, thus eliminating employees' expectation of privacy. The Wall [...] Posted on November 20, 2009 at 07:08 am by John Phillips
Nov 20
White Dove — HR Song of the Week

How do you know when it's time to quit? Sometimes, it's hard to know. Listen to Lynyrd Skynyrd sing again and again, "Just know that my work is done," and see if it helps you decide. Posted on November 20, 2009 at 05:40 am by John Phillips
Nov 19
Immigration Reform: It’s Back!

According to the New York Times, immigration reform is still alive and well. To blunt doubt that the Obama administration is still committed to taking on this divisive issue in early 2010, Homeland Security Secretary Janet Napolitano has announced that a new plan is in the works. The plan will propose that legal status be given [...] Posted on November 19, 2009 at 08:18 am by John Phillips

Rank All Time: 774

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 20
University of Nebraska Woman Fired For Being A Witch Turns Broom on School and Receives $40,000

A woman, named Jane Doe to protect her identity, sued the University of Nebraska alleging she was fired because she is a witch. In her religious discrimination lawsuit she alleges she was hired directing the youth program and did her job satisfactory but an associate dean terminated her after learning she was a witch. The University agreed to settle the lawsuit for $40,000 without admitting liability. This type of discrimination violates an employees constitutional rights. The case was fired... Posted on November 20, 2009 at 05:41 am by Peter M. LaSorsa
Nov 19
Your Email History May Hurt Your Sexual Harassment Case

In a recent case, Seybert v. International Group Inc, email was used by the defense to show that the plaintiff in a sexual harassment and retaliation lawsuit would not have been as offended by the conduct of the defendant as she claims. The jury said, plaintiff Susan Seybert was not sexually harassed by her supervisor, Brett Marchand, and there was no retaliation aginst Seybert once she complained to management. What happend in this case is the defense utilized emails of a sexual nature that... Posted on November 19, 2009 at 05:02 am by Peter M. LaSorsa
Nov 18
Tavern On The Green Pays $2.2 Million To Settle Sexual Harassment Lawsuit

The Equal Employment Opportunity Commission ("EEOC") and legendary restaurant Tavern on the Green settled a sexual harassment lawsuit for $2.2 million. According to the lawsuit there were claims of sexual harassment, a hostile work environment and retaliation. The alleged sexual harassment included groping female staff members, demands for sex and sexual favors and the regular use of graphic sexual comments. As is typical in these types of settlements the Tavern on the Green denied any... Posted on November 18, 2009 at 05:38 am by Peter M. LaSorsa

Rank All Time: 2145

ERISA Lawyer Blog

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

http://www.erisalawyerblog.com/

Nov 20
ERISA-DOL Now Withdraws Investment Advice Rules

Right on the heels of delaying the effective date of its investment advice rules (see my blog of November 18), the Department of Labor (the "DOL") announced, in a press release, that it has withdrawn these rules. These rules would have implemented a statutory prohibited transaction exemption under ERISA and the Internal Revenue Code, and also would have provided an additional administrative class exemption, pertaining to the provision of investment advice to certain defined contribution plan... Posted on November 20, 2009 at 05:10 am by Stanley D. Baum
Nov 18
ERISA-DOL Again Delays The Effective Date Of The Investment Advice Rules

Back on January 21, 2009, the Department of Labor ("DOL") published final rules on the provisions of ERISA and the Internal Revenue Code (the "Code") which permit investment advice to be given to participants and beneficiaries in participant-directed individual account plans, such as 401(k) plans, and to beneficiaries of IRAs and similar arrangements. The rules implement a statutory prohibited transaction exemption under Sections 408(b)(14) and 408(g) of ERISA, and under Section 4975 of the... Posted on November 18, 2009 at 05:07 am by Stanley D. Baum
Nov 13
Employment-OSHA Provides Information On H1N1 Influenza Precaution and Protection For The Workplace

According to a News Release dated 11/09/09, the Occupational Safety and Health Administration of the U.S. Department of Labor ("OSHA") has issued commonsense fact sheets that employers and workers can use to promote safety during the current H1N1 influenza outbreak. The fact sheets inform employers and workers about ways to reduce the risk of exposure to the 2009 H1N1 virus at work. Separate fact sheets for health care workers, who carry out tasks and activities that require close contact with... Posted on November 13, 2009 at 06:53 am by Stanley D. Baum

Rank All Time: 2154

The Law Planet Blog

Covers investments, labor & employment, and the securities industry. By Marc S. Dobin.

http://blog.thelawplanet.com/

Sep 2
Why Having a Big Firm May Not Be The Cure

I will admit, I have a small firm. in fact, you can't get much smaller than a law firm of one lawyer. I like to think that I am conscious of the costs of running a business and hiring a lawyer. If a document can be scanned an emailed, that's the way I send it. Unless someone requires me to do so, I will not fax something and then send it by overnight delivery service. Today I received a discovery request from a large firm in Chicago. It was something that they previously had faxed to me. So... Posted on September 2, 2008 at 12:54 pm

Rank All Time: 1823

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 20
ormer Chairman found guilty in $8.6 billion fraud

Former McKesson executive, Charles McCall can now join the Bernie Madoff Club for Investment fraud. Yesterday he was found guilty of fraud that cost investors $8.6 billion. McCall is a former Chairman of the McKesson Corp. A San Francisco jury found him guilty of securities fraud and violating accounting rules. On a positive note he was acquitted on falsifying records. His sentencing will take place next March. Read the Bloomberg article to learn more on the Securities charges against Mr.... Posted on November 20, 2009 at 04:06 am by LaBovick Law
Nov 20
Former Chairman found guilty on securities fraud charges for $8.6 billion fraud

Former McKesson executive, Charles McCall can now join the Bernie Madoff Club. Yesterday he was found guilty of investment fraud that cost investors $8.6 billion. McCall is a former Chairman of the McKesson Corp. A San Francisco jury found him guilty of securities fraud and violating accounting rules. On a positive note he was acquitted on falsifying records. His sentencing will take place next March. Read the Bloomberg article to learn more on the Securities charges against Mr. McCall and his... Posted on November 20, 2009 at 04:06 am by LaBovick Law
Nov 20
Financial Services Divsion - Investment Fraud Seminar a Success

I am pleased to announce that yesterday our Investment Fraud Seminar in West Palm Beach was a huge success. It was held in the beautiful Phillips Point Club. The beautiful intracoastal was a great backdrop for this well attended Seminar. The 4 hour seminar, Investing in a Post Madoff Environment: Financial Fraud: How it's accomplished, how to detect it, and how to recover from it was attended by over 100 people from South Florida. The attendees included, CPAs, Attorneys, Bankers, Financial... Posted on November 20, 2009 at 03:08 am by LaBovick Law

Rank All Time: 1002

Lisa Law View

Covers labor and employment law issues.

http://lisahome.blogspot.com/

Nov 19
Anti-Discrimination

Recently, a federal court released a rule that requires employers be more vigilant about seemingly "casual" negative remarks in the workplace. This case heard by the 9th Circuit Court of Appeals emphasize that supervisors and even coworkers should not ask questions about employee's religion, national ancestry or country of origin. Employers also should not make derogatory remarks about religions. It is important for an employer to conduct anti-discrimination training for all managers. This is... Posted on November 19, 2009 at 04:31 pm by Lisa Law View
Nov 18
DOL announces grant exceeding $394,000 to assist workers affected by boat manufacturer layoffs in Maine

On Nov. 9, the U.S. Department of Labor (DOL) announced a $394,617 grant to assist about 60 workers affected by layoffs at The Hinckley Co., a leading producer of pleasure boats and yachts, in Trenton, Maine . The grant was awarded to the Maine Department of Labor, and will be operated by the Eastern Maine Development Corp. to provide affected workers with access to dislocated worker services. Those layoffs at The Hinckley Co., taking place between October 2008 and June 2009, will receive... Posted on November 18, 2009 at 09:58 am by Lisa Law View
Nov 11
Department of Labor Target Employers Who Violate Wage and Hour Laws

The U.S. Department of Labor is targeting employers who violate wage and hour laws in spite of a recent ruling in the 9th U.S. Circuit Court of Appeals. Recently, the federal Department of Labor has filed several class action suits against employers who require or permit employees to work "off the clock". Permitting employees to work while on unpaid meal breaks or permitting employees to do something unpaid after hours and on weekends is all included in violations. The Fair Labor Standards Act... Posted on November 11, 2009 at 11:17 am by Lisa Law View

Rank All Time: 1363

Lawffice Space

Covers employment laws and cases. By Philip Miles.

http://www.lawfficespace.com/

Nov 19
GINA Homework

The employment provisions of the Genetic Information Non-Discrimination Act (GINA) take effect on November 21, 2009... in other words, Saturday! Sounds like everyone has some homework to do over the weekend. Here is a brief list of suggested reading: Genetic Information has its own space on the new EEOC web site Never hurts to read the actual law GINA's a new law with new proposed regulations from the EEOC The EEOC published some Q and A New employment law, new "EEO is the Law" poster Even the... Posted on November 19, 2009 at 06:44 pm
Nov 17
Expert Statistical Analysis in $6.2 Million Age Discrimination Suit

Last Tuesday, a federal jury awarded two scientists more than $6.2 million in an age discrimination suit. Pennsylvania chemical company, PQ Corp., fired the pair of scientists when the company allegedly targeted older workers in 2005 layoffs. The ginormous numbers represented a combination of $3.5 million in compensatory damages for emotional damages, and a doubling of the back-pay award due to a finding of "willful" discrimination. The plaintiffs utilized a statistical expert to examine... Posted on November 17, 2009 at 07:52 am
Nov 16
No Wonder They're in State Court!

A brief update to my post last week about the surprising news that EEOC age bias complaints are down in 2009. That post included a quote from an incredulous attorney who claimed age bias claims were actually on the rise, they were just in state courts instead of federal courts. Well, today I came across some numbers in The Manpower Employment Blawg: "Employers are better off in federal court, where they won 43% of the cases, versus only 37% in state court. In addition, the median federal award... Posted on November 16, 2009 at 04:09 pm

Rank All Time: 2224

Transgender Workplace Diversity

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

http://transworkplace.blogspot.com/

Nov 9
Weekly ENDA Update: What Did The Senate Hearing Accomplish?

The Senate held hearings to a nearly empty Committee chamber last week regarding the Employment Non-Discrimination Act. Only five Senators showed up, all Democrats, including the Chair of the Committee, Senator Harkin, the lead sponsor, Senator Merkley, and three other Senators, Senators Franken, Casey and Bennet. It left me with some fundamental questions about the process. There was a stark difference between the House hearings, held in September, and the Senate hearings. The House testimony... Posted on November 9, 2009 at 08:53 am by Dr. Jillian T. Weiss
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

Rank All Time: 1779

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/

Nov 6
Vesting of Incentive Compensation -- Schachter v. Citigroup, Inc.

The California Labor Code is very strict in protecting an employee's right to be paid for all compensation that he earns. As we have repeatedly blogged in the past, it is often a thorny issue to determine exactly when these protections attach -- in other words, when has a mere hope or expectation of a reward matured into a fully vested proprty right that must be paid by the employer without further delay or reduction? The California Supreme Court recently shed a bit more light on this issue in... Posted on November 6, 2009 at 07:04 am
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

Rank All Time: 253

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 18
GINA Becomes Effective November 21, 2009: Are You Ready?

The Genetic Information Nondiscrimination Act (GINA) takes effect on November 21, 2009. How does GINA impact employers? GINA does the following: (a) prohibits employers from discriminating against an employee based upon genetic information, (b) places broad restrictions on an employer's deliberate acquisition of genetic information, (c) mandates confidentiality for genetic information that employers lawfully collect; (d) strictly limits disclosure of such information, and (e) prohibits... Posted on November 18, 2009 at 01:33 pm
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

Rank All Time: 2374

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/

Nov 19
Local New York City Electronics Retailer Hit With Sex Discrimination Suit

A New York based electronic store, B&H, is accused by four employees of gender discrimination after the employees sought positions as salespeople and were all denied. The three former workers and one current employee claim that B&H refuses to have female salespeople on the floor, relegating them to other positions and only promoting men. The suit claims that when the lead plaintiff declared her interest in a sales position at B&H, and was rebuffed by other employees saying that the... Posted on November 19, 2009 at 08:33 am by The Harman Firm
Nov 18
Class Action Racial Discrimination Suite Filed Against Clothing Retailer

Retailer Jos. A. Bank, a nationwide chain of upscale clothing retailers, has been hit with a lawsuit alleging a pattern of racial discrimination against non-white employees. Filed in California by one employee, the suit claims that the employee was terminated after filing a racial discrimination suite with the EEOC against the retailer. Further, the suit states that Jos. A. Bank "systematically takes adverse employment actions against qualified, high-performing African-American employees in... Posted on November 18, 2009 at 02:09 pm by The Harman Firm
Nov 17
Mormon Church Supports Local Sexual Orientation Discrimination Ordinance

After supporting Proposition 8 in California in a highly publicized campaign, the Mormon Church in Utah has come out in support of a local city ordinance which is designed to protect gays in the city from being discriminated against in employment and housing decisions: Mormon Support of Gay Rights Statute Draws Praise After vehemently opposing the right for gays to be married in the state of California, this turn around is pleasantly surprising and appreciated, making Salt Lake City the only... Posted on November 17, 2009 at 10:54 am by The Harman Firm

Rank All Time: 2296

Overtime Attorney Blog

Covers overtime and other employment law topics. By Rob Wiley.

http://www.overtimeattorneyblog.com/

May 19
A Rule 68 Offer of Judgment as to the Named Plaintiff does not Preclude §216(b) Collective Action if Named Plaintiff Files Motion for Certification Because of the Relation Back Doctrine.

Sandoz filed a purported &#xc2&#xa7216(b) collective action against Cingular alleging that she and similarly situated contract sales consultants were not paid minimum wage. Sandoz filed her case, which was removed to federal court. Cingular then made a Rule 68 offer of settlement, and moved to strike Sandoz's case for lack of subject matter jurisdiction (the make whole offer would divest the district court of jurisdiction). The trial court denied the motion, and the matter came to the Fifth Circuit on... Posted on May 19, 2009 at 12:34 pm by Rob Wiley
Jan 19
A Rule 68 Offer of Judgment as to the Named Plaintiff does not Preclude §216(b) Collective Action

Sandoz filed a purported &#xc2&#xa7216(b) collective action against Cingular alleging that she and similarly situated contract sales consultants were not paid minimum wage. Sandoz filed her case, which was removed to federal court. Cingular then made a Rule 68 offer of settlement, and moved to strike Sandoz's case for lack of subject matter jurisdiction (the make whole offer would divest the district court of jurisdiction). The trial court denied the motion, and the matter came to the Fifth Circuit on... Posted on January 19, 2009 at 03:25 pm
Oct 21
Northern District of Illinois Court Certifies Class Action of Call Center Employees Against Illinois Bell Telephone Company

One person can make a difference. Constemecka Russell sued Illinois Bell Telephone Company for unpaid overtime and asked the Court to certify her lawsuit as a class action. Ms. Russell asked the Court to send notice to all current and former hourly employees of Illinois Bell call centers in Arlington Heights, Chicago, Rock Island, and Oak Brook who worked sales, service, and similar positions. After Ms. Russell filed her lawsuit, a number of additional call center employees signed forms... Posted on October 21, 2008 at 08:23 pm

Rank All Time: 3338

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/

Nov 12
Dealing with "Frivolous" Lawsuits

Congress is currently considering legislation that would reverse the Supreme Court's decisions in Iqbal and Twombley, discussed here previously. These decisions have significantly raised the standard for pleading a viable complaint in federal court, and enhanced the power of judges to dismiss cases that do not appear plausible, before allowing any discovery or further proceedings to occur. One danger of these Supreme Court decisions is that they have already led to increased wasteful motion... Posted on November 12, 2009 at 02:55 am by Joe Markowitz
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

Rank All Time: 2695

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 19
AOL and NON-COMPETES

Breaking news on Wallstreet Journal Online today, AOL will fire 1/3 of work force. That is devastating for Northern Virginia. It is also devastating for those individuals who have non-compete agreements with AOL and will soon be out of work. Will AOL do the right thing and release these employees from their restrictive covenants so that they can support their families? Only time will tell. In the meanwhile, let us know if you need to know your options as an AOL employee with a non-competition... Posted on November 19, 2009 at 02:46 am by Lauren Ellerman
Nov 18
WHO IS THIS?

QUESTION: Who is this lady? 1. She is your ex-employer's IT department who was asked to examine your blackberry and laptop 10 minutes after you resigned and these items were returned. She is building a lawsuit against you for breach of contract and Trade Secret violations. 2. She is your old colleague who was emailing herself at home, copies of client lists two weeks before she planned to quit and start her own consulting company. 3. She is your non-compete attorney, anxiously awaiting the... Posted on November 18, 2009 at 07:22 am by Lauren Ellerman
Nov 17
VIRGINIA VICTORY FOR EMPLOYEES IN NON-COMPETE

For many months now I have been closely following a case in the ED of VA Federal Court. Deltek v. IUVO, is essentially a case where employees left and started a competing business. Deltek, their ex- employer, came out swinging with trademark, breach of contract, tortious interference of contract claims etc. against a number of ex-employees that started the competing business, IUVO. Just yesterday, the Federal District Court ruled that the Non-compete provisions of the contracts were... Posted on November 17, 2009 at 07:56 am by Lauren Ellerman

Rank All Time: 2336

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 19
Gay Pride Parade March Is Basis For Sacramento Firefighters' Sexual Harassment Suit, Part 6 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 Do Not Constitute the Improper Admission of Hearsay Evidence. Defendants next argue that Mr. Black's opinions are based on hearsay and that his report constitutes multiple hearsay. Plaintiffs do not intend to offer Mr. Black's Expert Report into evidence at trial, so defendants' hearsay... Posted on November 19, 2009 at 07:38 am by Moseley Collins
Nov 11
Sacramento Firemen Forced To March In Gay Pride Parade File Sexual Harassment Action, Part 5 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 Based on Proper Matters and Do Not Constitute Legal Conclusions. Defendants then argue that Mr. Black's opinions are based on improper matters, e.g., speculative and incomplete facts, and constitute legal conclusions which invade the province of the Court and the jury. Mr. Black... Posted on November 11, 2009 at 07:30 am by Moseley Collins
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

Rank All Time: 2306

The HR Lawyer's Blog

Covers employment law and HR policy issues. By Chris McKinney

http://www.hrlawyersblog.com

Nov 19
First Civil Complaint Filed to Enforce Legal Arizona Worker's Act

County Attorney Andrew Thomas issued a press release this week announcing that his office has filed the state's first employer sanctions case, a civil complaint against an employer accused of violating the Legal Arizona Worker's Act. The civil action alleges that a Scottsdale company allegedly hired illegal labor deliberately by using a "subcontractor" which was in reality an employee who was not authorized to work in the United States. According to... Posted on November 19, 2009 at 06:47 am
Nov 19
Employee Loses Job Over One-Word Vulgar Statement Online

Yet another example of an employee believing that his statements published for the world to see online are somehow anonymous or not subject to his employer's scrutiny. The Huffington Post this week has the story of a school employee lost his job after he posted a one-word vulgarity in the comments section of an online article at the St. Louis Post-Dispatch. The school employee posted an anonymous, one-word comment that referred, in vulgar terms, to a woman's anatomy on a... Posted on November 19, 2009 at 06:29 am
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

Rank All Time: 376

Tom Appeals

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

http://tomappeals.com

Nov 18
New Rules Expedite Dependency Appeals

Capping a rule-making odyssey that began in 2005, the Florida Supreme Court adopted rules on November 12, 2009, intended to expedite appellate review in dependency and parental termination cases.1 The Court's opinion amends three bodies of rules: The Florida Rules of Judicial Administration, the Florida Rules of Juvenile Procedure, and the Florida Rules of Appellate Procedure. The new rules took effect immediately.2 Two of the most significant rules adopted are new Rule of Judicial... Posted on November 18, 2009 at 08:38 pm by Tom
Nov 8
Fifth DCA Confirms Whistle-blowers Must Follow Statutory Requirements

In University of Central Florida Board of Trustees v. Turkiewicz, Florida's Fifth District Court of Appeal quashed a trial court order that departed from the essential requirements of law. Turkiewicz was employed by UCF for a number of years, first as Director of Safety and Security and later as Director of Police and Public Safety. Beginning in late 2005 or early 2006, Turkiewicz disclosed to his supervisor, UCF's Vice President for Administration and Finance, what he believed were regulatory... Posted on November 8, 2009 at 08:14 am by Tom
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 wrong. Arbitration is one form of Alternative Dispute Resolution... Posted on October 4, 2009 at 06:44 am by Tom

Rank All Time: 2351

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 11
Executive Non-Compete Agreements

Companies often ask their executives to sign non-compete or non-solicitation agreements. Many executives think these types of agreements are no really enforceable. However, in recent years courts in Illinois have been enforcing such agreements to a much greater extent. An executive contemplating signing such an agreement should be aware that these types of agreements can effectively keep them out of the work force should they resign or be terminated. While such behavior cannot be condones, an... Posted on November 11, 2009 at 11:52 pm by Kristen Prinz
Nov 9
Facing Age Discrimination in Your Job Search

Last week an Elk Grove Village resident wrote in to the Daily Herald to describe the current state of unemployment in Illinois. See the letter here. She points out that although it is illegal for an employer to ask an applicant his/her age, it is not difficult to determine one's age based on the years of experience or graduation dates listed on an applicant's resume. This individual has been out of work for 21 months and apparently has been very diligent about attending workshops, seminars and... Posted on November 9, 2009 at 10:43 pm by Kristen Prinz
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

Rank All Time: 2697

Lancaster Law Blog

Covers business law, employment law, estate planning, family law, and nonprofit law information for Lancaster County and Pennsylvania residents. From Russell, Krafft & Gruber.

http://www.lancasterlawblog.com/

Nov 12
First-Time Homebuyer Tax Credit Extended Into 2010 and Now Available to Certain Existing Homeowners

In a previous post, the 2009 Homebuyer Credit Extension and Related Divorce Issues, and in a more recent post, I discussed a possible extension of the First-Time Homebuyer Tax Credit, which was applicable only to home purchases completed on or before November 30, 2009. Well, congress has indeed extended the credit into next year and also made it available to certain taxpayers who already own a home. For first time homebuyers, the credit is now applicable if the sales contract is fully executed... Posted on November 12, 2009 at 01:32 pm
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

Rank All Time: 3104

Pennsylvania Employment Law Blog

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

http://www.paemploymentlawblog.com/

Nov 12
First-Time Homebuyer Tax Credit Extended Into 2010 and Now Available to Certain Existing Homeowners

In a previous post, the 2009 Homebuyer Credit Extension and Related Divorce Issues, and in a more recent post, I discussed a possible extension of the First-Time Homebuyer Tax Credit, which was applicable only to home purchases completed on or before November 30, 2009. Well, congress has indeed extended the credit into next year and also made it available to certain taxpayers who already own a home. For first time homebuyers, the credit is now applicable if the sales contract is fully executed... Posted on November 12, 2009 at 01:32 pm
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

Rank All Time: 661

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/

Nov 18
California Class Action Discrimination Lawsuit--Jos. A. Bank Clothiers Charged with Racial Bias

A California class action discrimination lawsuit was filed against Jos. A. Bank Clothiers Inc. yesterday, by an ex-employee, alleging racial discrimination against African-American employees in over 140 stores across the western region of the United States. Casey Stewart alleges that as a black employee, he was treated differently from white employees--by being denied payment increases, promotions, enduring hour cutbacks, and consistent harassment. Stewart was reportedly wrongfully terminated... Posted on November 18, 2009 at 12:51 pm
Nov 17
Couple Sues SkyWest for Gay Bias Discrimination

In recent California employment discrimination news, a baggage agent for SkyWest Airlines who married his male partner last year when the California Supreme Court legalized unions for same-sex couples, is accusing the airline of breaking the law by refusing to give his husband the same heterosexual spousal treatment--free airline fares. The agent, Gilbert Caldwell, has been working for SkyWest since September of 2004 at the Palm Springs International Airport, and married his partner of 34 years... Posted on November 17, 2009 at 06:01 am
Nov 16
New York Post Harassment and Discrimination Lawsuit: Fired Editor Claims Hostile Work Environment

As California Labor and Employment Attorneys we have been following the lawsuit filed last week by a former senior editor for the New York Post, against Rupert Murdoch's News Corporation, the New York Post, and the paper's editor in chief Col Allan--alleging harassment, discrimination, wrongful termination, retaliation, as well as unlawful employment practices. Sandra Guzman, a journalist known for covering Latin American affairs, was allegedly fired her position of editor in October for... Posted on November 16, 2009 at 08:28 am

Rank All Time: 2380

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 All Time: 939

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 18
FDNY Certificate of Fitness information

Various occupations require Certificates of Fitness. To read more about the Certificate of Fitness that the Fire Department of the City of New York City issues, you can visit the following website. This website provides information about testing procedures, fees, and the verification process. Learn more about the FDNY Certificate of Fitness here. To read about Article 78 cases go to [www.sheerinlaw.com]. For other interesting information in the personal injury file go to www.negligenceatty.com.... Posted on November 18, 2009 at 08:29 am
Nov 13
School teacher's termination upheld due to failure to complete mandated sexual harassment training

Matter of Bruce Harris v Department of Education of the City of New York In this Article 78 appeal case, petitioner sought to challenge respondents' determination terminating petitioner's employment as a New York City school teacher and to gain reinstatement of his employment with back pay and benefits. After a hearing, petitioner, a tenured teacher, was ordered by respondent, Department of Education's Hearing Officer, to serve a six-month suspension and complete sexual harassment training... Posted on November 13, 2009 at 12:17 pm
Nov 13
Suffolk County Police Officer denied accidental disability retirement benefits

Matter of John Welsh v New York State Comptroller Petitioner commenced this Article 78 appeal to review a determination of respondent Comptroller denying petitioner's application for accidental disability retirement benefits. Petitioner, a Suffolk County police officer, was injured by an emotionally disturbed man whom he was escorting to a hospital psych ward. Following the attack, petitioner applied for accidental disability retirement benefits was denied and was denied. He then requested a... Posted on November 13, 2009 at 09:51 am

Rank All Time: 2419

Workplace Discrimination Blog

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

http://workplacediscriminationblog.com

Nov 18
Genetic Information Non-Discrimination Act of 2008 to Take Effect Nov. 21

On November 21, 2009, the Genetic Information Non-Discrimination Act of 2008 (P.L. No. 113-233) also known as GINA will take effect. Title II of the Act prohibits employers, employment agencies, and other employment related entities from discriminating against an employee or applicant due to genetic information. Some of the prohibited acts include failing or refusing to hire, or to refer for hiring, an individual due to genetic information. Covered entities are also prohibited from... Posted on November 18, 2009 at 07:01 am by admin
Nov 17
5th Cir. Holds That SOX Claim Is Precluded by Prior Title VII Complaint

On November 3, 2009, the 5th Circuit Court of Appeals held that a Sarbanes-Oxley Act (SOX) claim can be precluded by a failed Title VII discrimination suit. The per curium decision came in Thanedar v. Time Warner, Inc.. To determine whether the SOX claim was barred, the Court used a transactional test and found that "the two claims rest on 'the same nucleus of operative facts.'" Accordingly, the preclusive effect of the prior Title VII judgment "extends to all rights the original plaintiff had... Posted on November 17, 2009 at 07:52 am by admin
Nov 6
Bill Introduced to Provide Sick-Leave for H1N1 Flu

On November 3, 2009, a bill entitled the Emergency Influenza Containment Act (H.R. 3991) was introduced by U.S. Rep. George Miller (D-CA) and referred to the House Committee on Education and Labor. The bill provides up to five days paid leave for employees sent home by their employer due to a contagious illness. The purpose is to "ensure that American workers are able to follow, without financial harm, the recommendations of their employer and public health authorities to stay home when they... Posted on November 6, 2009 at 06:38 am by admin

Rank All Time: 2430

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 All Time: 2896

Maine Employment Lawyer Blog

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

http://www.maineemploymentlawyerblog.com/

Nov 16
Amendments to Family and Medical Leave Act Help Military Families

In late October, President Obama signed into law new protections for families of military personnel who need to take leave from work under the Family and Medical Leave Act of 1993 ("FMLA"). The new protections expand on changes implemented less than a year ago which required certain employers to provide unpaid leave for qualifying family members of military personnel. Under the FMLA, an employee may take leave because of a qualifying exigency that is a consequence of his spouse, son, daughter,... Posted on November 16, 2009 at 06:11 am by Peter Thompson & Associates
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

Rank All Time: 2578

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/

Nov 18
5 Year BLOG-iversary

Alas, it has been so many years since I started this blog that I almost forgot its 5 YEAR anniversary until I was standing in front of 125 participants attending a HRNY (Human Resources Association of New York) talking about recent federal legislation and I remembered a rainy November weekend five years ago when I started this blog (November 12, 2004 to be exact). I thought it worthy of a little celebration, but it was far too early in the day to break out the champagne. When I started the... Posted on November 18, 2009 at 05:02 am
Nov 8
HR is NOT the Cafeteria Police

HR is NOT and should never be, under any circumstances whatsoever, responsible for egg salad sandwiches, toilet paper in the rest room, and other nonsensical issues related to boorish behavior or poor manners. There, I've said it and feel a little better. I stumbled upon a ridiculous blog post about a human resources manager posting a notice in the company cafeteria warning employees not to steal each others' food. What I found most appalling was not that the employees were stealing each... Posted on November 8, 2009 at 09:48 am
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

Rank All Time: 846

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 17
Defined Benefit Plan Sponsors: Don't Forget to Post Your 5500

The Pension Protection Act ("PPA") created a number of notice and reporting requirements, and plan sponsors are starting to send out various notices to participants. The Department of Labor ("DOL") is starting the process of issuing guidance and coming into its own compliance obligations. But I think there is one provision that might have been overlooked because of the timing of the requirement. The PPA requires that defined benefit plans must disclose actuarial information related to the... Posted on November 17, 2009 at 01:24 pm
Nov 10
Changing Your Benefit Plans: Reservations Required

Whenever I consider trying a new restaurant, I check to see about reservations. Some places list them as "preferred," "required," "suggested" or "not taken." Even establishments that require reservations may not really require them, but the thought of having to plan in advance sort of kills the adventure of changing plans. Well, when it comes to administration of benefit plans, reservations are not only a good thing, they are absolutely required. In this case, I am referring to reservation... Posted on November 10, 2009 at 10:47 am
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

Rank All Time: 1775

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 16
International Whistleblower News (November 16, 2009)

/**/ [UK] Develin, Kate, "NHS whistleblower 'sacked for revealing dumped x-ray scans'," Telegraph.co.uk, November 14, 2009. Dr Otto Chan, a consultant radiologist, believes that he was labelled a troublemaker after the revelations about the Royal London. He claims that hospital bosses decided to get rid of him and that his dismissal has left him unable to get another job in the health service. He is suing the hospital for loss of earnings, future earnings and pension.Click here to read more.... Posted on November 16, 2009 at 08:25 pm
Nov 12
CIA to pay $3 million so Horn will not oppose vacating Judge's decision

The CIA has decided to pay Richard Horn $3 million for a unique settlement of a fifteen (15) year-old spying case. The government not only wants Horn to dismiss the case and release the CIA and State Department officials who spied on him, but the government also wants Horn to promise that he will not oppose the government's motion to vacate the judge's prior orders finding that former CIA Director George Tenet committed a "fraud on the court." Having reviewed the settlement agreement, the... Posted on November 12, 2009 at 01:03 pm
Nov 9
International Whistleblower News (November 9, 2009)

/**/ [Russia] Humphries, Conor, "Russia fires police YouTube whistleblower," Reuters, November 8, 2009. A junior Russian policeman was fired on Sunday after making a YouTube appeal to Prime Minister Vladimir Putin accusing senior officers of corruption, a claim dismissed by authorities as false, news agencies reported. The policeman from the Black Sea port of Novorossiisk last week posted a seven-minute clip that accused senior officers of forcing him to work weekends and solve imaginary... Posted on November 9, 2009 at 12:07 pm

Rank All Time: 2536

Kentucky Personal Injury Lawyer...

Kentucky Personal Injury Lawyer Blog

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

http://www.kentuckypersonalinjurylawyerblog.com/

Nov 17
Kentucky Car Accident Information Regarding Children

In the State of Kentucky, car accidents are by far the most common way for a child to get hurt. Throughout the country, the statistics are that nearly 250,000 children are injured every year in a car accident. That comes out to roughly 700 children are injured due to a car accident every day. Approximately 2,000 children die from car accident injuries every year. That is about 5% of all the car accidents involving a child. For children between the ages of 2 and 14, motor vehicle accidents are... Posted on November 17, 2009 at 07:40 am by Andrew S. Alitowski
Nov 9
Kentucky Pedestrian Personal Injury Information

The State of Kentucky is not one of the safest places to walk around. As compared to other states that have more walkways and side pathways, Kentucky is not as well equiped to handle pedestrian traffic as are some other states. In a recent study of pedestrian safety, Kentucky was the 7th most dangerous city for walking. In some countries, pedestrian traffic is encouraged. In others it is a mandatory form of transportation when driving is not an option. In the United States, pedestrian traffic... Posted on November 9, 2009 at 10:42 am by Andrew S. Alitowski
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

Rank All Time: 2505

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 17
A Lot of Kung Pao Chicken Indeed

Michael Fox at Jottings By an Employer's Lawyer reminds us that wage and hour litigation is an increasing problem for business. The latest involves a $2 million (yes, "million") order to pay back wages and penalties to employees. The offenders? A husband and wife team who own 5 Chinese restaurants in Grandville, Michigan. Mike's analysis is amusing and apt: "It will take a lot of kung pao chicken to cover that fine." No kiddin'. Posted on November 17, 2009 at 06:17 am
Nov 12
Big Age Discrimination Award

Law.com has this report of a $6.2 million verdict in favor of two Pennsylvania scientists formerly employed by PQ Corp. Both had been terminated in a downsizing. The jury found that PQ discriminated against them because of their age. This case illustrates things that are worth remembering, whether you are an employer or employee. First, the jury found that PQ's discrimination against the scientists was willful. That resulted in a doubling of the back pay that they were due. Second, the jury... Posted on November 12, 2009 at 05:56 am
Nov 10
Supreme Court Decision Will Affect Location of Many Business Lawsuits

Hertz v. Friend, when decided by the US Supreme Court, will decide one of those issues --- where is a corporation's principal place of business for jurisdictional purposes? --- that seems almost silly from a common sense perspective. That hasn't kept the federal courts from adopting different approaches that have led to vastly different results. The answer to the question has important consequences in the real world. It governs what federal courts will be available to plaintiffs in all kinds of... Posted on November 10, 2009 at 09:11 am

Rank All Time: 363

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 16
New York Requires Employers to Provide Written Notice of Overtime Rate

Starting on October 26, 2009, employers in New York State are required to provide new employees with written notice of their regular hourly pay rate and their overtime pay rate. Employers also must obtain written confirmation from newly hired employees, confirming they received the required information. Posted on November 16, 2009 at 07:30 am by Jonathan Nirenberg
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

Rank All Time: 2573

The California Wage and Hour Law...

The California Wage and Hour Law Blog for Employees

Covers overtime, meal breaks, rest breaks, and pay checks. By Steven G. Pearl.

http://cawageandhourlaw.blogspot.com/

Sep 16
Quote of the Week: Andrew Jackson

One man with courage makes a majority. Andrew Jackson Why post this here? As advocates for employees in wage and hour cases, we sometimes have the good fortune to represent people who want to help not only themselves, but also their co-workers. The decision to stand up for other people can be difficult to make. Our clients know that class actions can take years to prosecute and that they will have to provide information, documents, and a deposition, and be available at every step along the way.... Posted on September 16, 2009 at 03:29 am by Steven G. Pearl
Sep 16
More Good Stuff From the UCL PRactitioner: Live Blog of Advanced Class Action Seminar

Last night, the UCL Practitioner did a live blog from a seminar on Advanced Class Action topics, with a focus on wage and hour. Speakers included Judges Robert Freedman and Steven Brick from Alameda County's complex department, Judge David Flinn from Contra Costa County's complex department, and research attorneys Philip Obbard and Walter Stemmler from Alameda County's complex department. Many thanks to the UCL Practitioner for making this info available for those of us who couldn't make it.... Posted on September 16, 2009 at 03:17 am by Steven G. Pearl
Sep 9
Quote of the Week: The Seventh Amendment

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law. Seventh Amendment to the Constitution of the United States of America. Why post the Seventh Amendment? Too many companies and employers are forcing their customers to waive their right to jury trial by imposing mandatory... Posted on September 9, 2009 at 03:24 am by Steven G. Pearl

Rank All Time: 3128

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 12
"We have an expert on that subject!"

Throughout the year the major media will visit health related subjects that have broad appeal to the public. They will also report on major calamities and news stories like the recent massacre at Fort Hood. The media needs mental health experts when these events occur. Who do they call? The answer is whoever comes to mind. That could be you if you know what to do, and first step you should take is to believe that they want you instead of the same old warm body that calls them every time. There... Posted on November 12, 2009 at 08:35 am by Dan Feerst, MSW, LISW
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

Rank All Time: 1804

HR Law Blog

Covers developments in UK employment law. By Pannone LLP.

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

Nov 17
Elimination of tax relief on childcare vouchers

More than 340,000 families are members of child voucher schemes, which allow parents to sacrifice up to 243 of their gross salary, in return for electronic vouchers that are paid to registered child carers. This can mean a saving of up to 2400 a year via tax relief on the cost of childcare. The government intends to scrap tax exemptions on childcare vouchers from April 2011, a prospect which has led more than 75,000 people to sign a petition on the Downing Street website asking the government... Posted on November 17, 2009 at 12:00 am
Nov 16
Employer stands by unmasked Belle de Jour

The employers of unmasked call girl turned bestselling author Belle de Jour are standing by her. After years of speculation, Belle has revealed her true identity she is Brooke Magnanti, a research scientist who works as a specialist in developmental neurotoxicology and cancer epidemiology. Dr Magnanti was an impoverished student working on her PhD thesis at SheffieldUniversity when she turned to prostitution as way to earn some cash. Belle de Jours blog, in which she frankly recorded her sexual... Posted on November 16, 2009 at 12:00 am
Nov 11
Belief in climate change protected philosophical belief

The employment appeal tribunal (EAT) has upheld an employment tribunals decision that an individual's belief in man-made climate change and the existence of a moral duty to live in a way that mitigates or avoids it, was capable of being a "philosophical belief" for the purposes of the Employment Equality (Religion or Belief) Regulations 2003. The respondent employer appealed and argued that limits should be placed on the words philosophical belief, these limits being that the belief should be a... Posted on November 11, 2009 at 12:00 am

Rank All Time: 2533

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 16
Genetic Information Nondiscrimination Act (GINA)

The Genetic Information Nondiscrimination Act (GINA) passed by Congress in March 2008 becomes effective law in the next coming weeks, as this New York Times story details: [www.nytimes.com] On November 21, 2009, the Genetic Information Nondiscrimination Act takes effect for all employers with 15 or more employees and on December 7, 2009, the Act takes effect for insurers. GINA forbids certain discrimination on the basis of genetic information and the collecting and sharing of certain genetic... Posted on November 16, 2009 at 11:38 am by David Conforto
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

Rank All Time: 1167

Great Work!

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

http://ralawemployment.blogspot.com/

Nov 16
EEOC Issues Draft of Regulations for 2008 Amendments to ADA

The Equal Employment Opportunity Commission (EEOC) released its proposed regulations and interpretive guidelines for implementation of the ADA Amendments Act of 2008 in September. The rules and regulations are open for public debate and the EEOC is planning to hold town hall sessions in November to allow input from the business community. The introduction to the proposed rules states that the effect of these changes is to "make it easier for an individual seeking protection under the ADA to... Posted on November 16, 2009 at 06:14 am by ---------------------------------
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 ---------------------------------

Rank All Time: 2577

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

Nov 9
Preventing Identity Theft — The New Employer Duty

A tough new data protection law is on the books and will soon require virtually all Massachusetts businesses to implement comprehensive policies to protect against identity theft. The statute applies so broadly that employers of every size and shape will be subject to it. All must create, implement, monitor and regularly update internal data protection procedures and [...] Posted on November 9, 2009 at 08:28 am by Jack
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

Rank All Time: 2755

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

Nov 16
Refusing to Hire Based on Bankruptcy

The economic downturn has caused a lot of numbers to decline, such as take home pay, retirement savings, bank account balances, and home equity. But at least two numbers have been skyrocketing recently: the unemployment rate, which is higher than it's been in more than 25 years (10.2%), and the number of personal bankruptcies filed, which surged past the one million mark for the first three quarters of this year, and is expected to exceed 1.4 million by the end of 2009. Considered together,... Posted on November 16, 2009 at 06:58 am
Nov 9
Congress Considers Legislation to Overturn Age Discrimination Ruling

Last term, the Supreme Court decided a controversial age discrimination case called Gross v. FBL Financial Services, Inc. You can read my blog post about it here, including my prediction -- which has now proven accurate! -- that Congress would try to overturn the holding in the case. (In fairness, I wasn't alone; plenty of others made the same prediction.) The Gross case held that employees alleging age discrimination have to do more than show that their age was a "motivating factor" in the... Posted on November 9, 2009 at 08:47 am
Nov 6
Emergency Sick Leave Bill: Congress Considers Time Off for the H1N1 Virus

Earlier this week, Representatives George Miller and Lynn Woolsey, both from the San Francisco Bay Area, introduced a bill in the House of Representatives that would require employers to provide five paid sick days per year to workers who are sent home (or asked to stay there) because of a contagious illness, such as the H1N1 flu virus. The bill would apply to full-time and part-time employees; part-timers would receive a prorated number of hours off. The bill also protects employees who are... Posted on November 6, 2009 at 07:48 am

Rank All Time: 953

Employment Law Blog

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

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

Nov 15
MISSED WARNING SIGNS OF WORKPLACE VIOLENCE IN FORT HOOD AND ORLANDO SHOOTINGS

In the wake of the November 5, 2009 Fort Hood tragedy that left 13 dead and 42 wounded, employers can learn an important lesson about not ignoring the warning signs of workplace violence. Apparently military psychiatrist Major Nidal Hasan had shown warning signs for years even since his residency in medical school. However, no one picked up on these or recognized them. Understanding how to recognize the warning signs of workplace violence is an important step that employers can take to avoid... Posted on November 15, 2009 at 01:40 am
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

Rank All Time: 988

Unpaid Overtime Blog

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

http://unpaidovertimeblog.com

Nov 16
2nd Circuit Narrowly Interprets the Professional Exemption to Overtime Provisions of the FLSA

On November 12, 2009, the 2nd Circuit Court of Appeals affirmed a lower court decision granting summary judgment in favor of an employee. The case was Young v. Cooper Cameron Corp.. Young alleged that his employer willfully misclassified him as exempt from the overtime provisions of the Fair Labor Standards Act (FLSA), and he also claimed that it hired him into an exempt position while giving him the work of a non-exempt employee. Young originally applied as a Mechanical Designer, a non-exempt... Posted on November 16, 2009 at 07:17 am by admin
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

Rank All Time: 2574

Texas Employment Law Update

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

http://www.texasemploymentlawupdate.com/

Nov 12
"Mad Men" Teaches What Not To Do When Leaving An Employer to Form a Start-Up Competitor

Last week's season finale of AMC's critically acclaimed series "Mad Men" shows a prime example of how to get involved in big time litigation when leaving a former employer to start-up a competing enterprise or work for a competitor. Mad Men is a made for cable series set in the 1960's about a Madison Avenue advertising firm. In the season finale, Don Draper, Roger Sterling and Bert Cooper learn that their New York subsidiary of a London-based advertising firm ("PPL") is being sold to a... Posted on November 12, 2009 at 05:36 am
Nov 8
Keeping Off Santa's Naughty List Because of What What You Did at the Company Christmas Party: Minimizing Employer Liability Arising From Employer-Sponsored Holiday Parties

Let the Festivities Begin. It's that time again. The leaves are changing; there is crispness in the air and it's time to start planning the company's annual end of year or holiday party. While these events are wonderful opportunities for employees and their families to get together to celebrate the season, they can have unanticipated legal implications and bring with them the potential opportunity to create employer legal liability. Not only can the fun and festivities of a company Christmas... Posted on November 8, 2009 at 11:00 pm
Nov 8
KEEPING OFF SANTA'S NAUGHTY LIST BECAUSE OF WHAT YOU DID AT THE COMPANY CHRISTMAS PARTY: Minimizing Employer Liability Arising From Employer-Sponsored Holiday Parties

Let the Festivities Begin. It's that time again. The leaves are changing; there is crispness in the air and it's time to start planning the company's annual end of year or holiday party. While these events are wonderful opportunities for employees and their families to get together to celebrate the season, they can have unanticipated legal implications and bring with them the potential opportunity to create employer legal liability. Not only can the fun and festivities of a company Christmas... Posted on November 8, 2009 at 11:00 pm

Rank All Time: 2688

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/

Aug 24
The Wall Street Blues, c. 2003

I was flipping - or rather, clicking - through my album collection yesterday, and landed on The Well's On Fire, Procul Harum's 2003 studio album. If you're not a child of the '60s or are too young, they're the 1960s British rock group best known for their 1967 hit single, A Whiter Shade of Pale, and who are still touring. And there it was, Track No. 9, The Wall Street Blues which some might say is as relevant now as it was then. So in that light, let's roll the video and scroll the lyrics:... Posted on August 24, 2009 at 10:10 am
Jul 11
The 401(k) investment maze, What's it going to take for employees to find their way through it?

You remember that classic labyrinth wooden maze game. It's the toy that has captivated and challenged children and adults for generations. It takes concentration and dexterity to guide the steel ball through the maze to reach the winning position. Well, this is the 21st Century after all, and some folks from the Cowtown Computer Congress in Kansas City made it into a robotic labyrinth game as pictured above. They plugged an Arduino and two servos into the wooden labyrinth board game, and added... Posted on July 11, 2009 at 06:53 pm
Jun 17
The EGTRRA Restatement Series: Part 2. Put It In Writing

This is the second in our EGTRRA Restatement Series, the purpose of which is to help retirement plan sponsors handle the required amendment and restatement of their retirement plans. On Monday, I discussed Why A Law Passed In 2001 Is So Important To Retirement Plans In 2009. Today's post is about the written plan document requirement. Seems obvious, doesn't it, that in order to have a plan, you have to have it in writing? Obvious, yes, but also it's one of the fundamental requirements that make... Posted on June 17, 2009 at 04:00 am

Rank All Time: 481

Retirement Plan Blog

Information and insight for retirement plan sponsors and their advisors. Covers Employee Benefit Plans, Retirement Programs, Welfare Benefit Plans, Executive Benefits, and Employee Ownership Programs. Published by National Benefits Services, Inc.

http://www.retirementplanblog.com/

Nov 15
Dude, where's my 401(k)?

If you missed that 2000 stoner comedy Dude, Where's My Car?, you had several chances recently to catch it on cable. But if you're still not aware of this movie that was a modest box-office success but has managed to develop a cult following, let me raise your pop culture awareness. Two potheads played by Ashton Kutcher and Seann William Scott wake up from a night of partying and can't remember where they parked their car. And it occurred to me what if they woke up 40 years later and couldn't... Posted on November 15, 2009 at 04:30 pm
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

Rank All Time: 2590

Arkansas Employment Law

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

http://www.aremploymentlaw.com/

Nov 13
Is Pregnancy the Newest Disability under the ADAAA?

It's not official yet, but pregnancy may be the newest protected disability under the amended Americans with Disability Act (ADAAA). Although the ADAAA does not address pregnancy, the EEOC in its Questions and Answers about the proposed regulations for the ADAAA stated: "Certain impairments resulting from pregnancy, however, may be disabilities if they substantially limit a major life activity." That statement leaves a lot of room for interpretation - enough room that employers should think... Posted on November 13, 2009 at 09:45 am by M. McClure
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

Rank All Time: 2642

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 All Time: 865

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 All Time: 1468

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/

Nov 14
Florida Courts Hold that Waiting Time is Compensable if Spent Primarily for the Benefit of the Employer Even if the Employee Does Nothing

Many prospective clients have asked whether they are entitled to be paid when they are simply waiting to work or are "on-call." For example, the classic case is where the employer calls the employee in to work but, because of various circumstances, the employee is then told to wait before commencing work either because a table has not been seated, customers have not yet arrived, or other similar type of matter. The general rule under the Fair Labor Standards Act (FLSA) is that if the waiting... Posted on November 14, 2009 at 07:47 am by Santiago J. Padilla
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

Rank All Time: 2616

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 8
Be Careful, They’re Unpaid Interns: Is the NCAA and its Member Schools Unfairly Profiting From the Likenesses of Its Athletes?

I. Introduction We hear the debate all the time. Some sports writer will call for college athletes to be paid.[1] Another will rebut that they are given hundreds of thousands of dollars in college tuition, books and housing.[2] This debate is surely to drag out as long as there are intercollegiate sports, no matter what the rule on the NCAA's books is either way. As it stands, the NCAA and its member schools profits by selling the publicity rights of its athletes to video gaming companies, as... Posted on November 8, 2009 at 12:25 pm
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

Rank All Time: 89

Workplaces That Work

Covers workplace conflict management systems. By Blaine Donais.

http://workplacesthatwork.blogspot.com

Nov 7
Will the Real Workplace Fairness Institute Please Stand Up!

After having founded the Workplace Fairness Institute in 2005 and working hard to ensure a reputation for fairness and partnership in the workplace, I was appalled to find that our name was being used by a right wing U.S. organization to oppose the Employee Free Choice Act The Employee Free Choice Act would serve to allow protections to employees who sought to organize into a union. This Act provides protections similar to what Canada has had for many years. These protections have ensured that... Posted on November 7, 2009 at 12:00 am by Blaine Donais
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

Rank All Time: 1137

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 All Time: 2930

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 All Time: 1471

Rush on Business

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

http://www.rushonbusiness.com/

Nov 12
Small Business Blogs for the Soul

The Franchise King has a great list of 20 small business blogs that have the right stuff. These blogs possess some of the best content on the Web when it comes to small business. Be sure to check them out! Posted on November 12, 2009 at 05:41 am
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

Rank All Time: 2687

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/

Nov 11
Motor Carrier Exemption FLSA Class Action Defeated On Interstate Commerce Issue

The federal motor carrier exemption from overtime, 29 USC 213(b)(1), which applies to safety workers (e.g. drivers) engaged in interstate commerce, has been found to exempt Ray's Trash Service, Inc. drivers from their right to overtime under the Fair Labor Standards Act even though the drivers do not cross state lines. They were held to nevertheless be in the stream of interstate commerce. The case is entitled Craft v. Rays, LLC which had been filed in the U.S. District Court for the Southern... Posted on November 11, 2009 at 01:00 pm
Nov 9
Mere Conclusions as to Employer Status will Result in Dismissal

In Chen et al. v. Domino's Pizza Inc. et al., the U.S. District Court for the District of New Jersey dismissed Domino's Pizza Inc. from a proposed class action. The action alleged that the company, and a select number of New Jersey franchisees, failed to pay delivery drivers proper overtime wages in violation of the Fair Labor Standards Act and the New Jersey Wage and Hour Laws. Specifically, the plaintiffs asserted that as delivery drivers, they regularly worked 60 or more hours per week... Posted on November 9, 2009 at 07:18 am
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

Rank All Time: 2709

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 All Time: 1737

Employment Lawyer Blog

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

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

Nov 11
Stop Employment Discrimination Before It Starts: How Employers Can Be More Alert For Warning Signs

Workplace harassment, discrimination, and retaliation claims can drain the time and energy of small business owners. No employer wants to deal with a contentious lawsuit. But when owners and managers don't understand their legal responsibilities, problems can emerge and compromise even healthy and functional workplaces. So what are some behaviors to avoid when cultivating a respectful, harmonious work environment? 1. Distributing workload unfairly among employees. Favoritism can leave... Posted on November 11, 2009 at 02:18 pm by Charles Joseph
Nov 5
Unbearable Actions That Nevertheless Don't Violate Employment Discrimination Law: How to Tell Legally Actionable Behavior Apart From Just Annoying Behavior

Prior to filing an employment discrimination, harassment, or retaliation claim, a claimant must assemble a strong evidence-based case. Thus, it's useful to review precisely what constitutes a violation of workplace law and what's just annoying behavior. Federal law prohibits discrimination based on a variety of factors, including religion, race, sex, national origin, age, and sexual orientation. However, the law does not prohibit all forms of unpleasant behavior or speech. For instance, the... Posted on November 5, 2009 at 02:17 pm by D. Maimon Kirschenbaum
Oct 30
Employment Discrimination Tips: 6 Red Flags That Could Indicate a Hostile Work Environment

When it comes to employment discrimination, harassment, and retaliation, prevention is often the best strategy. Employees harmed by workplace age, race, or sexual discrimination have options to get compensation and stop any unfair practices. But ideally, one should just enjoy working in a stress free, harassment free zone. When job hunting, watch for the following red flags that could indicate a less than harmonious working environment. 1. Sloppy office/ poorly maintained premises. As the adage... Posted on October 30, 2009 at 02:14 pm by Brian Fredericks

Rank All Time: 2707

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/

Nov 11
Social Security Hearings Backlog Down for First Time this Decade

Commissioner of Social Security, Michael J. Astrue, recently announced that the agency has ended the year with fewer disability hearings pending than in the prior year. Social Security ended fiscal year (FY) 2009 with 722,822 hearings pending compared to 760,813 hearings pending at the start of the year, a reduction of more than 37,000 cases. Over the same period, the average processing time for these cases improved from 514 days in FY 2008 to 491 in FY 2009. "Our backlog reduction plan is... Posted on November 11, 2009 at 05:17 am by Martin, Banks, Pond, Lehocky & Wilson
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

Rank All Time: 782

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 9
New IRS Regulations Extended Again

After much concern regarding the new Treasury Regulations promulgated by the Internal Revenue Service ("IRS") and their potential impact on members of government pensions plans, the IRS and the Department of Treasury extended the date by which a government plan must comply with final regulations on distributions from a pension plan upon attainment of normal retirement age. Under the extension, the new regulations will be effective for a governmental plan for plan years beginning on or after... Posted on November 9, 2009 at 05:32 am
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

Rank All Time: 2761

Pennsylvania Labor and Employment...

Pennsylvania Labor and Employment Blog

Covers employment and labor law issues. Published by the Labor and Employment Practice Group of McNees Wallace & Nurick LLC.

http://www.palaborandemploymentblog.com/

Oct 2
Pennsylvania Based Employees May Be Entitled to Overtime for work in Foreign Countries

Recently, the District Court for the Western District of Pennsylvania delivered some potentially bad news to Pennsylvania employers. In Truman v. DeWolff, Boberg & Associates, Inc., the Court held that an employee may be entitled to overtime payments for time worked in foreign countries under the Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law. The plaintiff, Michael Truman, worked for D.B.A., Inc. for a little over a year, and during that time worked in... Posted on October 2, 2009 at 12:22 pm
Sep 1
Third Circuit Distinguishes "Sexual Stereotyping" from "Sexual Orientation" Discrimination

In Prowel v. Wise Business Forms, Inc., the Third Circuit reversed a district court's granting of summary judgment in favor of an employer on a claim of gender stereotyping discrimination. The claim was brought by an admittedly homosexual employee who alleged he was subject to gender discrimination, retaliation and religious discrimination based on his effeminate actions and mannerisms. The Third Circuit acknowledged that Title VII does not protect employees from discrimination based upon their... Posted on September 1, 2009 at 01:28 pm
Jul 22
Pennsylvania Supreme Court Rules that Small Employers may not be Liable for Employment Discrimination

In Weaver v. Harpster, the Pennsylvania Supreme Court ruled that small employers (three or fewer employees) may not liable for acts of employment discrimination. Under the Pennsylvania Human Relations Act (PHRA), employers with four or more employees are prohibited from discriminating against their employees on the basis of sex. At common law, an employer may terminate an at-will employee for any reason unless that reason violates a clear mandate of public policy emanating from either the... Posted on July 22, 2009 at 08:21 am

Rank All Time: 3064

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 9
New Jersey Employment Lawyers To Present Arguments In Lawsuit Filed By Asbury Park Press To Disclose Settlement Agreement Terms In Sexual Harassment Case.

New Jersey employment lawyers will present their arguments on Tuesday in a case brought by the the Asbury Park Press to seek disclosure of a confidential settlement agreement between a plaintiff in a sexual harassment lawsuit and the County of Monmouth. The New Jersey Appellate Division required disclosure of the agreement. Tune in to the New Jersey Supreme Court website to see the arguments. Posted on November 9, 2009 at 06:06 am by David Krenkel
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 Levinson 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.levinsonaxelrod.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

Rank All Time: 2760

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 All Time: 2804

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 All Time: 2835

LaborBlog

Covers employment/labor law. By Danialle Riggins.

http://laborblog.rigginslawfirm.com

Jul 24
Minimum Wage Increase

Check your paychecks. July 24, 2009 should add a few cents in your pocket.Florida's minimum wage is $7.25 per hour, effective July 24, 2009. This is up from the $7.21 per hour minimum wage that was effective January 1, 2009. Failure for an employer to pay minimum is both a state and federal violation. Especially [...] Posted on July 24, 2009 at 05:47 am by Danialle Riggins
Jul 6
Possible higher burden for Relocation

Florida's family laws have changed. But the majority deals with the terms and the concepts to encourage the parties and the courts to engage in group parenting and consideration when it comes to custody of the children. For your reference, Florida recently changed several laws regarding custody and parenting effective October 2008. The parties have to [...] Posted on July 6, 2009 at 01:44 pm by Danialle Riggins
May 24
Which Road To Travel?

For those who know me personally, I have encountered wonderful events through my careers. They know because I love to share a story or two. And when I say careers, I realize that I have had a few. I started out as a photographer. I did " a little" writing as a photographer for a [...] Posted on May 24, 2009 at 03:34 pm by Danialle Riggins

Rank All Time: 3259

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 All Time: 2865

The Overtime Blog

Covers overtime pay, the Fair Labor Standards Act, the Department of Labor, minimum wage, and court cases. By Rob Wiley.

http://overtimelaw.blogspot.com/

Jan 19
A Rule 68 Offer of Judgment as to the Named Plaintiff does not Preclude §216(b) Collective Action

Sandoz filed a purported &#xc2&#xa7216(b) collective action against Cingular alleging that she and similarly situated contract sales consultants were not paid minimum wage. Sandoz filed her case, which was removed to federal court. Cingular then made a Rule 68 offer of settlement, and moved to strike Sandoz's case for lack of subject matter jurisdiction (the make whole offer would divest the district court of jurisdiction). The trial court denied the motion, and the matter came to the Fifth Circuit on... Posted on January 19, 2009 at 09:25 am by Rob Wiley
Oct 21
Northern District of Illinois Court Certifies Class Action of Call Center Employees Against Illinois Bell Telephone Company

One person can make a difference. Constemecka Russell sued Illinois Bell Telephone Company for unpaid overtime and asked the Court to certify her lawsuit as a class action. Ms. Russell asked the Court to send notice to all current and former hourly employees of Illinois Bell call centers in Arlington Heights, Chicago, Rock Island, and Oak Brook who worked sales, service, and similar positions. After Ms. Russell filed her lawsuit, a number of additional call center employees signed forms... Posted on October 21, 2008 at 10:23 pm by Rob Wiley
Oct 20
Prisoner Not Entitled to Minimum Wage and Overtime Pay for Work Performed in Prison

Noting that "people are not in prison for the purpose of enabling them to earn a living," the Seventh Circuit denied the prisoner's claim that his civil rights were violated when he was not paid minimum wage and overtime. The prisoner correctly argued that the FLSA contains no exemption for prisoners. However, the Seventh Circuit opines that "the reason the FLSA contains no express exception for prisoners is probably that the idea was too outlandish to occur to anyone when the legislation was... Posted on October 20, 2008 at 11:23 pm by Rob Wiley

Rank All Time: 3421

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 All Time: 1118

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 All Time: 1016

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 All Time: 3018

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 All Time: 2967

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 All Time: 3001

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 All Time: 1510

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 All Time: 936

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 All Time: 3027

Washington Employment Law Blawg

Covers employment law for Washington employers. By Cheryl Angeletti-Harris.

http://washingtonemploymentlawblawg.com

Sep 23
Washington Law Updates for September 2009

EEOC Settles Sexual Harassment and Retaliation Suit Against Lowe's Home Improvement On August 20, 2009, Lowe's Home Improvement settled a sexual harassment and retaliation suit brought by the U.S. Equal Employment Opportunity Commission (EEOC) on behalf of three employees at its Longview, Washington store for $1.72 million. EEOC v. Lowe's Home Improvement Warehouse Inc., W.D. Wash., No. 08-331 (consent decree approved Aug. 20, 2009). Among the many allegations in the litigation, the EEOC... Posted on September 23, 2009 at 07:00 am by Cheryl Angeletti-Harris
Sep 16
What Are An Employer’s Legal Obligations to Returning Veterans?

While recently reading SHRM's HR Magazine, I noticed the back cover. It had a picture of camouflaged-soldiers waving flags and the heading read "You may be overlooking thousands of star performers as potential job candidates." It went on to say that, "More than 60,000 Army Soldiers complete their military services every year&#xe2€&#xa6." Sixty thousand! That number gave me pause. Do employers know what their legal obligations are when it comes to these returning veterans? The Uniformed Services... Posted on September 16, 2009 at 07:00 am by Cheryl Angeletti-Harris
Sep 2
Shared-Work Programs: A Little Used Alternative to Layoffs

In today's economy, many employers are faced with the challenge of retaining their employees but reducing costs. According to the Center for Law and Social Policy (CLASP), even if economic growth resumes, the job market is not likely to fully recover until mid-2010 or beyond. What is an employer to do until that happens? Shared-work programs offer employers an alternative to layoffs. The program allows an employer to reduce the work hours of its full-time employees, while the employees collect... Posted on September 2, 2009 at 07:00 am by Cheryl Angeletti-Harris

Rank All Time: 3108

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 All Time: 1105

Atlanta Employment Lawyer Blog

Covers employment discrimination, sexual harassment and employer retaliation. By Buckley & Klein.

http://www.atlantaemploymentlawyerblog.com/

Oct 1
Work Time

There are some employers who, if you don't watch them, will go in and change your hours worked on your time clock. This can run afoul of Georgia employment law as well as federal regulations. This may be based on the principle of "rounding up," where an employment rule may be that employees are allowed to clock in our out within certain times before and after a scheduled shift starts without penalty. Or, there may be a phrase in an employee manual that seems to indicate that non- scheduled time... Posted on October 1, 2009 at 05:02 pm by Buckley & Klein
Jul 27
Wage Garnishment FAQ

Getting your wages garnished is an embarrassing situation, often made worse but at least a perceived threat of losing your job. While most employers know that they can't threaten job loss if an employee's wages are being garnished, that doesn't stop many of them from making the garnishee's life uncomfortable about the whole thing. In fact, you cannot be fired from a job because someone has garnished your wages, although multiple garnishments may be a different story. You are protected by Title... Posted on July 27, 2009 at 01:20 pm by Buckley & Klein
Jul 15
Teenage Work Driving Rules

Many summer jobs, particularly in agriculture and construction, require employees to drive various vehicles as a part of the job. Small companies, especially, may be tempted to put young people in positions of responsibility in general, and have them driving in particular, without really knowing what the rules about teenage driving on the job are. There are very strict federal rules about teenagers driving on the job. First off, in general, nobody age 16 or younger can drive as a part of... Posted on July 15, 2009 at 10:13 am by Buckley & Klein

Rank All Time: 3068

Dallas Employment Law &...

Dallas Employment Law & Business Litigation Blog

Covers employment law and business litigation. By Steven E. Clark and Zac Duffy.

http://dallasemploymentandbizlit.typepad.com/dallas_employment_law_bus/

Sep 30
E-Verify & the Employer

September 8, 2009 saw the mandating of new rules that effect how employers verify the eligibility of their employees. The burden to verify is on all employers, but certain employers must now use E-Verify. This system operated by the United States Citizenship and Immigration Services, checks data against records from the Department of Homeland Security and the Social Security Administration. If you are an employer you should download the following presentation and make sure that you are... Posted on September 30, 2009 at 09:47 am by Maria Wiemann
Sep 21
Texas Business Entities - Which to Choose

Those of you forming a new business should peruse Steve Clark's article entitled "Choice of Entity Considerations in Forming a New Business and Avoiding Personal Liability in Business Entities." Steve's article compares the pros and cons of the various business entities available to entrepreneurs in Texas. I. Choice of Business Entities in Texas A. What types of business are available in Texas? Generally, businesses are created and operated in one of the following forms: &#xe2€&#xa2 Sole proprietorship... Posted on September 21, 2009 at 11:01 am by Zac Duffy
Apr 10
Collateral estoppel and unemployment hearings

Cox v. Desoto County, 2009 U.S. App. LEXIS 6933 (5th Cir. Miss. Apr. 3, 2009) Cox was a secretary in the sheriff's office of DeSoto County, Louisiana. She was transferred from her secretarial position to a position in the jail, allegedly due to her age and refusal to campaign actively for the sheriff's re-election. Cox subsequently filed a lawsuit relating to the transfer. While the lawsuit was pending, Cox filed a report about the abuse of a jailed inmate by several officers. The DeSoto County... Posted on April 10, 2009 at 03:21 pm by Zac Duffy

Rank All Time: 3080

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 All Time: 1699

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 All Time: 45

SBH Lawyers Blog

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

http://www.sbhlawyers.com/blog

Sep 21
Battle of the Press Releases: WSIB and CFIB Wage PR War Over Alleged Mismanagement

The Canadian Federation of Independent Business ("CFIB") appears to have ruffled the feathers of the WSIB. In a combative September 3, 2009 press release, the CFIB blasted the WSIB for recent financial market losses and called for an independent review of the Board as a result of what the CFIB called "&#xe2€&#xa6blatant mismanagement and monopolistic complacency". The CFIB even compared the WSIB's situation to the recent high profile public scandals involving E-Health and the Ontario Lottery and Gaming... Posted on September 21, 2009 at 03:50 pm by admin
Sep 21
EI Ruling May Lead to Increase in Employees Taking Parental Leave

An Employment Insurance Board of Referees has decided that both parents of newborn twins qualified separately for 35 weeks of employment insurance parental benefits. Christian Martin's wife gave birth twin girls who were premature, underweight and required constant care and attention. The Board heard evidence that the parents were overwhelmed and exhausted caring for the babies and as a result of complications during the pregnancy. The added complications required Mr. Martin to assist with the... Posted on September 21, 2009 at 03:46 pm by admin
Aug 13
Medical Dishonesty Disentitles Employee to ESA Notice

Employees who engage in medical dishonesty may find themselves disentitled to ESA termination and severance pay. The ESA provides that employees who are guilty of "willful misconduct" or "willful neglect of duty" are not entitled to statutory notice of termination or severance pay. These are typically treated as very high standards. The key is that the conduct must be serious, and it must be willful. In other words, failing to meet production standards will not usually be sufficient to... Posted on August 13, 2009 at 11:03 am by admin

Rank All Time: 3113

Jobsworth

Covers UK employment law. By Michael Scutt.

http://michaelscutt.co.uk

Sep 18
Latest News

Employers have to repay sick pay Some good news for employees came out last week with the decision by the European Court of Justice in Pereda v Madrid Movilidad SA that says if an employee is sick whilst on holiday, they can retake the holiday later on or carry the days lost over to the next [...] Posted on September 18, 2009 at 06:54 am by michaelscutt
Sep 14
How (not) to sack someone

As an employer, if you want to avoid your name appearing in the Metro or any of the other free papers, try to avoid sacking employees suffering from cancer by email. This is the moral from the recent report concerning Melinda Bolnar, a 27 year old teacher suffering from bowel cancer and who had just [...] Posted on September 14, 2009 at 01:00 am by michaelscutt
Sep 11
Product vs Service

Completing Tesco Law week here on Jobsworth, I thought I would comment on a very interesting post that I read on the "DirectLawUK" blog a couple fo days ago. The central point of the piece was that solicitors have to recognise the difference between a "product" and a "service". On this thesis, clients want a product [...] Posted on September 11, 2009 at 01:00 am by michaelscutt

Rank All Time: 3123

Kentucky Employment Lawyer Blog

Covers employment discrimination, sexual harassment, and employment retaliation laws, cases and news. By Miller & Falkner.

http://www.kentuckyemploymentlawyerblog.com/

Sep 4
Louisville Kentucky Firefighters Entitled to Back Pay

The Kentucky Court of Appeals ruled in favor of Louisville, Kentucky firefighters in their claim filed with the Kentucky Department of Labor--Wage and Hour Division to receive back pay from the Louisville Metro Government for unpaid overtime. The Kentucky Court of Appeals affirmed the ruling of the Jefferson Circuit Court that found Louisville Metro Government in violation of the firefighters' contract by not adding incentive and longevity pay into calculations for overtime pay for a 15 year... Posted on September 4, 2009 at 12:14 pm by Miller & Falkner
Jul 24
Kentucky and Indiana Employees to See a Rise in the Minimum Wage

As of today, July 24, 2009, the U.S. minimum wage will increase by 70 cents to $7.25 an hour. According to the U.S. Department of Labor Secretary Hilda Solis, this is the third increase in the minimum wage in the last three years and this increase will affect between 3 million and 5 million workers. While many states have their own minimum wages that are already higher than the federal minimum wage and will thus not be affected by this increase, Kentucky and Indiana have both set their minimum... Posted on July 24, 2009 at 01:12 pm by Miller & Falkner
May 11
Suits Alleging Discrimination of Returning Soldiers by Employers on the Rise

Many injured men and women returning from military service are facing discrimination from employers as they return to civilian life. The U.S. Department of Justice (DOJ) has noted that there has been a rise in filings against employers that discriminate against returning injured soldiers who are either being demoted or denied work altogether. The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law intended to ensure that individuals who serve or have served in... Posted on May 11, 2009 at 01:01 pm by Miller & Falkner

Rank All Time: 3158

Pennsylvania Employee Law Blawg

Discusses Pennsylvania employment law issues. By Brian Pulito.

http://blog.paemployeelaw.com/default.aspx

Sep 4
Third Circuit Reverses Dismissal of Title VII Male Gender Stereotype Claim

Body: In Prowel v. Wise Business Forms, Inc., PICS Case No. 09-1428 (3d Cir. Aug. 28, 2009), opinion available here, the Third Circuit reversed summary judgment in favor of defendant employer on plaintiff's Title VII claims. The Third Circuit held, in an opinion by J. Hardiman, that even though discrimination on the basis of sexual orientation is not protected by Title VII, plaintiff, an avowed homosexual, had established sufficient evidence of gender stereotyping to survive summary judgment... Posted on September 4, 2009 at 01:08 pm
Aug 26
At Will Employment Part II

Body: Under Pennsylvania law, an employer has the right to terminate an at will employee for or without cause. Geary v. United States Steel Corp., 319 A.2d 174, 176 (Pa. 1974). That right has two notable exceptions, which subject an employer to liability for wrongful discharge. Those exceptions are: firing an employee in violation of federal or state anti-discrimination laws, and firing an employee for reasons which violate social policy. Over the last few months, we have discussed the former... Posted on August 26, 2009 at 12:46 pm
Aug 24
At Will Employment

Body: Wow! It's been a while since I blawged. I've been very busy at the office. Over the next several weeks I will post a series of blawgs respecting Pennsylvania's approach to the at will employment doctrine. Namely: When is an employer liable for the wrongful termination of an at will employee? The short answer-to take away some of the suspense-is hardly ever! This Wednesday I will outline the exceptions to the general rule that an employer may terminate his or her employee with or without... Posted on August 24, 2009 at 11:52 am

Rank All Time: 3157

The Work it Out Blog

Features information about conflict management and negotiation, with an emphasis on workplace issues. By Allan Revich.

http://www.workitout.ca/weblog/index.php

Aug 25
The Roots of the 2008/2009 Recesssion

The following article was written in August 2009 by Dan Revich. It's a great article about the state of the economy. I have included it here, in the Work it Out Blog, because of the lessons to be learned about human behaviour. Reprinted with permission. (c) 2009 Dan Revich -- 1. The Olden Days. Dave needed a place to live, had a job with a steady income, a good history of paying back any money he borrowed, and a little bit of money saved up. Unfortunately, he didn't have enough money to buy a... Posted on August 25, 2009 at 11:50 am
Jun 12
You Can't Always go it Alone

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