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Wage Law

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

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

Aug 17
Federal Minimum Wage Increase

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

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

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

Rank This Week: 30

Florida Estate Planning Lawyer...

Florida Estate Planning Lawyer Blog

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

http://www.floridaestateplanninglawyerblog.com/

Nov 23
Farrah Fawcett's Revocable Living Trust Published

One of the benefits of using a Florida Revocable Trust is that the contents of the trust can remain private. Remember that if you or your heirs provide copies to others you may loose this advantage. This is exactly what... Posted on November 23, 2009 at 12:27 pm by David M. Goldman
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

Rank This Week: 67

NLRB Law Memo

Covers National Labor Relations Board decision. By Ross Runkel.

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

Jul 17
NLRB Law Memo 07/17/2009

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

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

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

Rank This Week: 72

California Labor & Employment...

California Labor & Employment Law Blog

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

http://www.callaborlaw.com/

Nov 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 This Week: 73

The Journal of the Business Law...

The Journal of the Business Law Society

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

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

Nov 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 This Week: 80

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 25
Insurance company pulls disability benefits over Facebook photo

A Canadian woman has lost her disability benefits because of photos pasted on Facebook. Cleveland.com has the details: A Canadian woman on sick leave for depression said Monday she would fight an insurance company's decision to cut her benefits after her agent found photos on Facebook of her vacationing, at a bar and at a party. Nathalie Blanchard said Monday she was diagnosed with major depression and was receiving monthly sick-leave benefits until payments dried up this fall. When Blanchard... Posted on November 25, 2009 at 12:03 am by Jon Hyman
Nov 24
Do you know? H1N1 and employees’ leave rights

The Department of Labor has published two guides for employers trying to navigate H1N1 and employees' leave and pay rights (both PDFs): Pandemic Flu and the Family and Medical Leave Act: Questions and Answers Pandemic Flu and the Fair Labor Standards Act: Questions and Answers Neither presents earth-shattering legal information. Having said that, the Department of Labor has done a nice job compiling useful tips for employers to turn to when an employee misses work because of the H1N1. Some of... Posted on November 24, 2009 at 12:55 am by Jon Hyman
Nov 23
What to look for in an employment lawyer

I presented last week at a marketing group I recently joined. In briefly speaking about who I am and what I do, it got me thinking about what companies should look for when hiring employment counsel. Here are my thoughts. 1. Experience and knowledge in the area. When you need to terminate an employee, or when an employee lodges a harassment complaint, you want to be able to pick up the phone and receive immediate advice about how to handle the situation. You don't want your employment attorney... Posted on November 23, 2009 at 02:11 am by Jon Hyman

Rank This Week: 88

The Laconic Law Blog

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

http://welterlaw.com/blog

Jul 15
Tidbits

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

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

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

Rank This Week: 110

Connecticut Employment Law Blog

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

http://www.ctemploymentlawblog.com/

Nov 25
A Thanksgiving Day Wish

Thanksgiving Day is a day for reflection and pause. And while my post last year pointed out a number of excellent posts on the subject (including a repeat of Abraham Lincoln's 1863 Thanksgiving Day speech), this year I'm going to take a different and simpler path. I wanted to take a moment to give thanks to my family and friends, my fellow workers at my lawfirm (Pullman & Comley), and you the reader. 2009 has certainly had its challenges, but when all is said and done, there's still so much... Posted on November 25, 2009 at 05:14 pm
Nov 25
District Court Enters Judgment Against New Haven; Orders 14 Firefighters to be Promoted

It was never really a question of if, but when. And yesterday, the United States District Court in Connecticut made final what had long been anticipated in the Ricci v. DeStefano case -- the promotions of various firefighters to the positions of Lieutenant and Captain. You can download the order here. In doing so, the Court also ordered the City to certify the results of the promotional exam. Specifically: The New Haven Civil Service Board shall certify the results of the 2003 promotional... Posted on November 25, 2009 at 05:09 am
Nov 24
LinkedIn Recommendations - A Hot Topic Among HR Professionals, But Should It Be?

In my presentation last week to the HRA of Greater New Haven (which i discussed yesterday), the hottest topic that people wanted to discuss was LinkedIn Recommendations. People had several questions: Should a company bar its employees from doing such recommendations? Should a HR department "police" LinkedIn to ensure compliance? What is the risk of allowing employees to post recommendations or receive recommendations? And, does anyone actually rely on these recommendations? This issue may take... Posted on November 24, 2009 at 10:42 am

Rank This Week: 127

Adjunct Law Prof Blog

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

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

Nov 25
Happy Turkey Day!!

Adjunct Prof Blog would like to wish all of our readers a happy Thanksgiving. I would also like to thank our readers for their continued support of this blog. Mitchell H. Rubinstein Posted on November 25, 2009 at 09:01 pm by Adjunct LawProfs
Nov 25
Should law professors be concerned about the record number of LSAT takers?

Reports began circulating last week that the number of those signing up to take the LSAT hit 60,000, a 20% increase from last year and an all time high. Of course, just because oodles of people sign up to take... Posted on November 25, 2009 at 12:53 pm by Adjunct LawProfs
Nov 25
Online law school grad denied bar admission in Georgia

The Georgia Supreme Court issued a ruling on Monday denying bar admission to the graduate of an online law school called Northwestern California University School of Law. The basis for the court's decision is that the applicant failed to provide... Posted on November 25, 2009 at 11:50 am by Adjunct LawProfs

Rank This Week: 131

California Labor and Employment...

California Labor and Employment Defense Blog

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

http://www.vtzlawblog.com/

Nov 24
Financial Service Workers May Be Glorified "Production Workers" Who Are Entitled to Overtime -- Davis v. J.P. Morgan Chase & Co.

Loan officers, analysts, and brokers of various financial products are generally considered to be well compensated and prestigious positions. As a result, these positions are often reflexively classified as exempt from overtime. The Second Circuit's recent decision in Davis v. J.P. Morgan Chase & Co. should cause employers to question this assumption. The Davis decision holds that a given position cannot be considered exempt unless it falls on the correct side of the so-called... Posted on November 24, 2009 at 07:01 pm
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

Rank This Week: 167

What's New in Employment Law?

Focuses on employment law developments, particularly in California.

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

Nov 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 This Week: 203

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 26
Job-Seeking Strategies for Older Workers

For those newly unemployed who are getting on in years, remember that the business world remains full of possibilities for you. Here's a helpful article from the Wall Street Journal geared to the older job seeker. Posted on November 26, 2009 at 10:00 pm
Nov 25
Why CEO's Need to Know About the Law

We've explained from time to time why, as part of the public service that this blog provides, we report on court decisions, which you might think to be just "lawyer stuff." In fact, they're much more than that. Each case represents a little drama that has been enacted in real life. Each tells the story of an unexpected problem, a risk taken, maybe a misunderstanding. By studying the ramifications of such problems, risks and misunderstandings, we all can learn to adjust our own behavior and... Posted on November 25, 2009 at 07:34 am
Nov 23
On-the-Job Hazards: Flight Attendant v. Air Marshal

In reviewing the news for bloggable material we come across some strange stuff, but this is pretty unusual. You'd think that it wouldn't be a fair fight. And, come to think of it, maybe it wasn't. Posted on November 23, 2009 at 07:48 am

Rank This Week: 212

The Word On Employment Law

Covers legal issues affecting the workplace. By John Phillips.

http://hrheroblogs.com/theword

Nov 26
Thanksgiving Day, 2009

As noted in last year's post on Thanksgiving, it was not recognized as an official day of thanksgiving and remembrance until Abraham Lincoln proclaimed it so in 1863. The need for our country to set aside a time for thanksgiving had, however, been recognized in two proclamations issued by George Washington, one in 1789 and the [...] Posted on November 26, 2009 at 05:45 am by John Phillips
Nov 25
Internet Privacy: Oxymoron

Employees are increasingly concerned about losing their privacy because of the Internet. All the while, they're losing more of it every day. A Canadian employee has allegedly lost her insurance benefits because of pictures she posted on Facebook. (Click here and here.) Suffering from major depression, the IBM employee was on leave and collecting sick-leave benefits under an [...] Posted on November 25, 2009 at 09:19 am by John Phillips
Nov 25
Thanksgiving Posts From Others

Thanksgiving being upon us, many blogs have posts on the subject, the day, the meaning, etc. Some of the blogs I regularly check out have Thanksgiving posts that you should check out. Cultural Offering provides music for Thanksgiving. Eclecticity sends Thanksgiving wishes. Execupundit offers ten rules for Thanksgiving. Evil HR Lady lists things for which she's thankful. Happy Thanksgiving! Posted on November 25, 2009 at 08:35 am by John Phillips

Rank This Week: 213

Employer Law Report

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

http://www.employerlawreport.com/

Nov 24
Register for Our Upcoming Wage and Hour Webinar

Wage and Hour Audits 101: Preparing for Audits and Preventing Them in the First Place Thursday, December 3, 2009 2:00 p.m. To address the questions and concerns of many of our clients, our next wage and hour webinar will focus on how you should prepare for a wage and hour audit and, perhaps more importantly, how to prevent an audit in the first place. At this session, we will discuss: Preventing Audits: Addressing Employee Complaints and Assessing Risk Audit Basics: -What Should You Expect?... Posted on November 24, 2009 at 01:42 pm
Nov 23
Facebook Photos Prompt Termination of Long Term Disability Benefits

CBC News in Canada is reporting that a Canadian long-term disability insurance carrier recently terminated the long-term disability benefits a Quebec woman was receiving for "major depression" after photos she posted on her Facebook page showed her "having a good time at a Chippendales bar show, at her birthday party and on a sun holiday." According to the CBC, the woman, 29-year-old Nathalie Blanchard, contends that her doctor recommended that she try "to have fun, including nights out at her... Posted on November 23, 2009 at 08:32 am
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

Rank This Week: 240

Thoughts from a Management Lawyer

Covers Canadian labour and employment law. By Michael Fitzgibbon.

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

Nov 23
Social Media as a Recruiting Tool

Going directly to your market ("fish where the fish are") through the use of social media like Twitter and LinkedIn seems to be gaining ground in recruiting according to this Globe and Mail article. Posted on November 23, 2009 at 01:32 pm by Michael Fitzgibbon
Nov 22
Sleep, Work and Safety

On November 24 NOVA has a program called What Are Dreams? and joins leading dream researchers as they "embark on a variety of neurological and psychological experiments to investigate the world of sleep and dreams." (thanks to Moleskinerie for the tip). The link between sleep, safety and impairment is one that occasionally crops up in employment law for example, where there is a request for accommodation of a shift worker or where there is an accident. The Harvard Medical School has a helpful... Posted on November 22, 2009 at 03:52 am by Michael Fitzgibbon
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

Rank This Week: 276

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 This Week: 302

Workplace Prof Blog

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

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

Nov 25
Labor and Employment Law Listservs for Law Professors

A number of people have asked me for a list of current listservs open to law professors discussing the various sub-topics within the labor and employment law field. This type of information often changes with list administrators moving to new... Posted on November 25, 2009 at 09:25 am by laborprof lpb
Nov 25
District Court Issues Order in Ricci Case: Promotions for the Holidays

Via Daniel Schwartz at the Connecticut Employment Law Blog, who has been best at keeping us updated on all developments in Ricci v. DeStefano, comes the news that the district court has entered its long-anticipated order in accordance with the... Posted on November 25, 2009 at 08:52 am by laborprof lpb
Nov 24
OSHA Advice for "Black Friday"

In preparation for the consumerist frenzy that awaits beginning some places as early as midnight Thanksgiving Day, OSHA has issued a fact sheet on crowd control for retail employers. The fact sheet governs planning, pre-event set up, during the sale,... Posted on November 24, 2009 at 09:24 pm by laborprof lpb

Rank This Week: 306

Boston Employment Lawyer Blog

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

http://www.bostonemploymentlawyerblog.com/

Nov 16
Genetic Information Nondiscrimination Act (GINA)

Employees will soon gain protection against employers that utilize genetic testing or consider genetic background in making hiring, firing, promotion decisions. 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: Law Seeks to Ban Misuse of Genetic Testing. On November 21, 2009, the Genetic Information Nondiscrimination Act takes effect for all employers with 15 or more... 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

Employees who suffer workplace discrimination in violation of the Massachusetts Fair Employment Practices Act are entitled to recover four types of damages: 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

Employees need to be especially cautious in retaining documents that may be considered the property of the employer. 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: "[k]nowingly and with the intent to defraud, accesses a... Posted on November 5, 2009 at 10:19 am by David Conforto

Rank This Week: 308

New York Employment Lawyer Blog

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

http://www.newyorkemploymentlawyerblog.com/

Aug 15
Helpful Check List for Employees Considering Severance Packages

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

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

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

Rank This Week: 357

George's Employment Blawg

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

http://www.employmentblawg.com

Aug 4
Motoring With Your Career

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

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

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

Rank This Week: 360

Alaska Employment Law

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

http://www.akemplaw.com/wiki

Nov 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 This Week: 374

Manpower Employment Blawg

By Mark Toth.

http://manpowerblogs.com

Apr 29
Are You Ready for the Swine Flu?

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

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

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

Rank This Week: 379

Washington Labor, Employment &...

Washington Labor, Employment & Employee Benefits Law Blog

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

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

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

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

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

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

Rank This Week: 456

Employment Law Colorado

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

http://www.employmentlawcolorado.com

Apr 9
Workplace Privacy and the 4th Amendment

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

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

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

Rank This Week: 487

Laboring Away at the Institute

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

http://laboringattheinstitute.blogspot.com

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

We just published a new White Paper called: How to Win (and Prevent) a 5-Day Election: Strategies for Success in a Changed Labor Law Environment You can read about it and download your own FREE copy of this 15-page report by clicking here. Posted on July 21, 2009 at 02:42 am by Phillip Wilson
Jul 17
Breaking News: EFCA Compromise Announced - 5 Day Elections and Organizer Access

This morning's New York Times is reporting that key US Senators have reached a compromise with labor unions that will have the 60 votes needed to pass. Read the details here. They anticipate a vote in September. Stay tuned - we will let you know as things develop. Posted on July 17, 2009 at 12:45 am by Phillip Wilson
Jul 12
Hayes Nominated - Emloyee Free Choice Act Next?

This week President Obama announced that Brian Hayes is his Republican nominee to fill the last remaining open seat on the National Labor Relations Board. Historically the Board appointments get voted on as a "package deal" to make sure the balance is always 3 members in the President's party and 2 from the other party, so Mr. Hayes is the last remaining piece in the puzzle to get a full, five-member panel for the first time in a couple of years. Look for the Senate to take quick action to... Posted on July 12, 2009 at 02:04 am by Phillip Wilson

Rank This Week: 507

New York Employment Lawyer Blog

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

http://www.nyemploymentlawyer.com/

Oct 27
EEOC Assists in Settlement of Race Discrimination Suit

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

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

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

Rank This Week: 577

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 This Week: 594

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 This Week: 595

Texas Non-Compete Law Blog

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

http://blog.texasnoncompetelaw.com/

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

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

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

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

Rank This Week: 597

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 This Week: 627

Pennsylvania Employment Law Blog

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

http://www.paemploymentlawblog.com/

Jul 23
Domestic Issues for Business Owners, Part 2: Separation, Divorce and Equitable Distribution

/**/ In Part One of Domestic Issues for Business Owners, I discussed the definition and value of marital property. In this post I will be highlighting how separation, divorce and equitable distribution can affect your business. Separation Separation is an important aspect in valuation of marital property, including business interests, because the date of separation identifies the ending date for assets to be included in the marital estate. Divorce There are two types of divorce, fault and... Posted on July 23, 2009 at 02:00 pm
Jul 7
Act 4 - Amendment to Insurance Company Law

On June 10, 2009 Governor Rendell signed Act 4 which amends the Insurance Company Law. Now insurers who provide coverage to children of employees must offer, at the policyholder's expense, coverage for children up through and including the age of 29, provided that the child meets all of the following requirements: 1. Is not married. 2. Has no dependents. 3. Is a resident of Pennsylvania or is enrolled as a full time student at an institution of higher education. 4. Is not provided coverage... Posted on July 7, 2009 at 12:24 pm
Jul 1
The Pennsylvania Home Improvement Consumer Protection Act is Effective July 1

July is probably my favorite month of the year for many reasons - lots of warm weather ahead, my birthday, my daughter's birthday and three whole weeks of the Tour de France. However, many home improvement contractors haven't been looking forward to the onset of July this year because the Pennsylvania Home Improvement Consumer Protection Act (the "Act") goes into effect today. I had previously written about whether a contracting business needs to register for the Act and how to ensure home... Posted on July 1, 2009 at 02:30 pm

Rank This Week: 634

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 This Week: 647

Juz The Fax

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

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

Nov 25
New EPA Lead Rules

The barrage of new regulations continues, this time from the Environmental Protection Agency (the "EPA"). Beginning in April, 2010, contractors performing renovation, repair and painting projects that disturb lead-based paint in homes, child care facilities and schools built before 1978 must be certified and follow specific work practices to prevent lead contamination. The new rules include pre-renovation advisement requirements as well as training, certification and work practice requirements.... Posted on November 25, 2009 at 05:22 am
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

Rank This Week: 668

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 This Week: 677

Retirement Plan Blog

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

http://www.retirementplanblog.com/

Nov 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 This Week: 681

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 This Week: 729

Gruntled Employees

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

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

Sep 30
Gruntled employees have birthdays at work

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

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

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

Rank This Week: 758

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 24
Insurance Company to applicant; According to your Facebook photos, you don't look too depressed to work.

By Brian Norris After being notified that her long-term sick leave benefits were being discontinued, Nathalie Blanchard might be reconsidering her use of the networking site, Facebook. In a recent CBC news piece, Ms. Blanchard claimed her insurer asserted she was "available to work, because of Facebook". Issues arose when Blanchard, off work after being diagnosed with depression, published photos on her Facebook page showing her having a good time at several events including a Chippendales bar... Posted on November 24, 2009 at 07:07 am by Daniel Lublin
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

Rank This Week: 793

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 This Week: 806

That's What She Said

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

http://www.hrheroblogs.com

Oct 14
Hello world!

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

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

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

Rank This Week: 812

The Federal FMLA Blog

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

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

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 This Week: 821

The Employment Law Chronicle

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

http://www.employmentlawchronicle.com/

Sep 23
Virginia Employment Law: Employer Rights, Employee Obligations

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

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

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

Rank This Week: 826

California Employment Law

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

http://calemploymentlaw.wordpress.com

Dec 20
Robert Nuddleman Has Moved

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

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

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

Rank This Week: 889

SC Employment Law

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

http://scemploymentlaw.com

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

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

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

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

Rank This Week: 946

Labor Employment Law Blog

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

http://www.laboremploymentlawblog.com/

Nov 25
California Court Of Appeal Doubts Viability Of "Trade Secrets" Exception For Covenants Not To Compete

In Pacesetter, Inc. v. Biosense Webster, Inc., the California Court of Appeal for the Second Appellate District found that a non-competition clause contained in Biosense Webster, Inc.'s ("Biosense") Employee Secrecy, Non-Competition and Non-Solicitation Agreements ("Agreements") was void as a matter of law under Section 16600 of the California Business and Professions Code ("Code")(California's prohibition against restraint of trade) and that its use violated Section 17200 of the Code... Posted on November 25, 2009 at 12:10 pm by Sheppard Mullin
Nov 24
ICE Announces 1,000 New Workplace I-9 Audits

On November 19, 2009, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection to 1,000 U.S. employers and business owners whose hiring records (Forms I-9) ICE plans to audit. Compared to previous years, this is a tremendous increase in ICE's effort to actively deter unlawful employment practices and to uncover illegal alien workers. These workplace audits have already led to significant fines and debarment to the employers,... Posted on November 24, 2009 at 02:48 pm by Sheppard Mullin
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

Rank This Week: 961

The HR Lawyer's Blog

Covers employment law and HR policy issues. By Chris McKinney

http://www.hrlawyersblog.com

Nov 24
Supreme Court Looking at Taking Case to Resolve "Cat's Paw" Issue

The National Law Journal has a good article this morning by Robert Niccolini regarding the ongoing split in the circuits on the issue of so-called "cat's paw" theory of liability in employment discrimination cases. Under the "cat's paw" theory, an employer can be held liable for discrimination when a final decision-maker is influenced to take an adverse action against another worker by a lower-level employee with discriminatory... Posted on November 24, 2009 at 07:39 am
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

Rank This Week: 980

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 24
Proposal to Extend ARRA's COBRA Subsidy

For those who haven't heard, there is legislation pending that would extend ARRA's COBRA provisions. HR 3930 would: Permit individuals who are involuntarily terminated between April 1, 2008 and December 31, 2009 to continue group health benefits under COBRA for a period of 24 (instead of the usual 18) months. If the individual's coverage has expired by the time the legislation is enacted, the individual would have the right to elect COBRA coverage for the additional 6 months. ARRA would be... Posted on November 24, 2009 at 04:12 am
Nov 22
Traveling Applicants: Catch-22

The scenario: an employer is conducting a search for an important position. Part of the interview process involves flying candidates to the corporate headquarters to meet the big wigs for the final interview. The interviews so far have gone well. The HR staff coordinates the travel arrangements and runs into a slight hiccup: how to ask the applicant for his date of birth so that staff can make travel arrangements without opening itself up to questions about inappropriate age inquiries.... Posted on November 22, 2009 at 01:47 pm
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

Rank This Week: 985

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 23
Target Date v. Target Risk Funds: Is Either One Better for Your Plan?

The Pension Protection Act (PPA) seems to have opened the market of investment options available for the qualified default investment alternatives (QDIA) and, in my opinion, encouraged the implementation of QDIA as a means of protecting plan participants who do not actively pay attention to their plans. I am not suggesting that either target date fund or target risk funds are a superior option for a QDIA, but if a plan administrator is not familiar with these terms, it would be wise to... Posted on November 23, 2009 at 08:35 am
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

Rank This Week: 996

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 This Week: 1033

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 This Week: 1037

Labor and Employment Law blog

Covers federal and state employment laws.

http://www.laborandemploymentlawblog.com/

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

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

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

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

Rank This Week: 1095

employerhelpcast

Covers employment law topics. By Helene Wasserman.

http://employerhelpcast.blip.tv/

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

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

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

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

Rank This Week: 1131

The E-Legal Lawyer

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

http://www.goldsteinandclegglaw.com/blog

May 8
Teen Girls the subject of Sexual Harassment

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

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

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

Rank This Week: 1153

Harassment Training Blog

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

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

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

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

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

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

Rank This Week: 1168

Pension Risk Matters SM

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

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

Mar 18
New RSS Feed for Pension Risk Matters

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

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

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

Rank This Week: 1192

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 This Week: 1206

Construction Labor Lawyer

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

http://www.constructionlaborlawblog.com/

Sep 12
Perils and Pitfalls of Double-Breasting in Construction

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

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

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

Rank This Week: 1223

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 24
IRWINDALE, CA EMPLOYMENT ATTORNEYS

Irwindale is a city in LA, California. While a small city, it hosts a skate park, a teen center, a senior center, and a public gymnasium. The city is made up of residents from all races, including black, white, Asian, and Hispanic. Many of the citizens of Irwindale work in the surrounding area, at the Speedway or for one of the manufacturing plants, such as Miller Brewing Company. If you are an Irwindale resident who believes you have been mistreated, either by discrimination or harassment, by... Posted on November 24, 2009 at 07:43 pm by Greenberg & Rudman
Nov 23
LEARNING DISABILITIES ARE PROTECTED UNDER MEDICAL DISCRIMINATION AT WORK IN CALIFORNIA

Learning disabilities, sometimes called a learning disorder or learning difficulty, is a disorder in which a person has difficulty learning in a typical manner. The cause is unknown but affects the brain's ability to receive and process information. If you have a learning disability, and it is a recognized medical disability, this is not a reason for your employer to discriminate against you. A long-time male employee at a local grocery store suffered from a severe learning disability. However,... Posted on November 23, 2009 at 04:41 pm by Greenberg & Rudman
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

Rank This Week: 1267

Employment Advisory

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

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

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

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

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

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

Rank This Week: 1301

California Employment Law - Fight...

California Employment Law - Fight Harassment

Covers workplace harassment in California. By Bitton & Associates.

http://www.fightharassment.com/

Jun 9
Harassing Behavior

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

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

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

Rank This Week: 1315

Dilworth Paxson Podcasts - Labor...

Dilworth Paxson Podcasts - Labor and Employment Law

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

http://www.dilworthlaw.com

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

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

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

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

Rank This Week: 1368

ESOP Law Blog

Covers employee stock option plans. By Sheppard Mullin.

http://www.esoplawblog.com/

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

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

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

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

Rank This Week: 1384

Quirky Employment Law Questions

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

http://www.quirkyemploymentquestions.com/

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

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

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

Posted on February 18, 2008 at 08:59 am

Rank This Week: 1387

Phillip J. Griego & Associates...

Phillip J. Griego & Associates Employment Law Blog

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

http://griegolaw.blogspot.com

Jun 20
Our Blog Has Moved

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

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

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

Rank This Week: 1400

Weiss Berzowski Brady LLP

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

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

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

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

Rank This Week: 1405

Georgia Employment Law Blog

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

http://www.georgiaemploymentlawblog.com/

Aug 8
Georgia Overtime Decision

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

Rank This Week: 1413

Charles A. Krugel

Covers labor, employment and HR law.

http://www.charlesakrugel.com

Nov 23
Genetic Information Nondiscrimination Act (“GINA”) Effective November 21, 2009

On my LinkedIn group, California based attorney and group member Stefan Miller posted some great information about the recently effective Genetic Information Nondiscrimination Act ("GINA"). This information is concise and easy to read. So, I thought that it would be useful to post here too. This post includes discussion between other group members discussing GINA. The Genetic Information Nondiscrimination Act of 2008 ("GINA") becomes effective November 21, 2009, and is likely to have a... Posted on November 23, 2009 at 12:24 pm by charlesakrugel
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

Rank This Week: 1449

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 This Week: 1459

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 This Week: 1490

Employment Law Blog

By Gail Escolme.

http://www.thewestmorlandgazette.co.uk

May 21
AGENCY WORKERS - WHAT'S THE POINT?

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

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

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

Rank This Week: 1580

Labor & Employment Law, HR Law...

Labor & Employment Law, HR Law

Covers the working world. By Charles A. Krugel.

http://charlesakrugel.blogspot.com

Oct 10
The End

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

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

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

Rank This Week: 1610

Employment Rights Blog

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

http://employmentrightsblog.directlex.com

Sep 27
Questions on the state of discrimination

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

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

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

Rank This Week: 1660

Labor Blog

By Nathan Newman.

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

Aug 30
Median Estate: $29,000

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

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

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

Rank This Week: 1663

Doorey's Workplace Law Blog

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

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

Nov 26
SCC Decision on Wal-Mart Closing Released Tomorrow

I described last year a case involving a decision of Wal-Mart Canada to close a store in Quebec and fire the employees after they joined a union and the union requested first contract arbitration. The Supreme Court of Canada will (finally) issue its decision tomorrow. It should be interesting in light of the Court's ongoing revisition of [...] Posted on November 26, 2009 at 12:44 pm by admin
Nov 25
Broadbent on Government Policy and Child Poverty

In my Employment Law class this week, we had (another) discussion about the tensions between employment regulation and 'free' market ideologies. People like Richard Posner and Richard Epstein of the "Chicago School" of law and economics (I've noted these writers before), and organizations like The Fraser Institute in Vancouver advocate that government intervention in the labour [...] Posted on November 25, 2009 at 08:08 am by admin
Nov 23
Guest Blog: Kevin Thomas on Historic Victory in Honduras for Labour Rights Activists

A hot topic in labour law and legal theory these days is the extent to which 'non-state' actors can influence labour practices. Labour activists have been very active in the past decade exposing labour abuses in global supply chains and pressuring corporations to improve conditions of work in supplier factories. I've written in the [...] Posted on November 23, 2009 at 11:21 am by admin

Rank This Week: 1707

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 25
Age Discrimination -- Laws and Facts

Here is a brief primer on age discrimination laws in the United States and some facts about how these laws work. 1. The Age Discrimination in Employment Act of 1967 -- also known as the ADEA, this law shields employees and job applicants aged 40 years old and older from being discriminated against in "hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment." Not all applicants or employees are protected by this act. The Equal Employment Opportunity... Posted on November 25, 2009 at 09:06 pm by Brian Fredericks
Nov 19
Gender Discrimination Ordinance Passes in Salt Lake City -- Providing Additional Rights for Gays, Lesbians, Bisexuals and Transgenders -- With the Help of the Mormon Church!

On Tuesday, November 10, 2009, the Salt Lake City, Utah City Council passed an ordinance banning discrimination based on sexual orientation in employment and housing. The seven member Council unanimously passed the ordinance, which makes it illegal for employers or landlords to discriminate against individuals on the basis of their sexual orientation. Given that the Church of Latter-Day Saints' (LDS) elders eagerly backed California's Proposition 8 last November -- which banned gay marriage in... Posted on November 19, 2009 at 09:04 pm by D. Maimon Kirschenbaum
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

Rank This Week: 1756

Defending The Digital Workplace

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

http://jshinn.wordpress.com

Nov 25
Information Security — Where is the App for That? And Why Business Organizations Should Care

Smart phones such as the iPhone, BlackBerry, and other devices are as standard in today's business organizations as business cards. But this standard creates an increasingly problematic security threat for business organizations. This point was highlighted this past October with the release of a mobile-phone software that allows someone to eavesdrop on the user's conversations. This [...] Posted on November 25, 2009 at 01:41 pm by Jason Shinn
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

Rank This Week: 1795

HR Watchdog

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

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

Nov 25
DLSE Explains Absence Deductions for Exempt Employees

A new DLSE opinion letter issued this week seeks to clarify how employers may deduct for full and partial day absences from the salaries of exempt employees. You'll find the detailed examples and explanations informative. When does the Labor Commissioner... Posted on November 25, 2009 at 11:17 am by Chris Eddy
Nov 24
The Myth of the Trade Secret Exception to CA Non-Compete Law

California has a long-standing prohibition on noncompetition agreements, meaning that employers cannot stop their employees from competing with them--not for a year, not within a limited geographic area, and, it seems, not even when it comes to trade secrets. Agreements... Posted on November 24, 2009 at 03:11 pm by Chris Eddy
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

Rank This Week: 1824

San Antonio Employment Law Blog

Discuss labor and employment law issues for the San Antonio, Texas community. By Thomas J. Crane.

http://www.sanantonioemploymentlawblog.com/

Nov 25
Muslims Serve with Distinction

I served one year in Iraq. I and many of my comrades could not have survived without the service of hard-working Iraqi Muslims. Since returning home, I have been a little surprised to hear the folks here at home denigrate all Muslims. i cannot accept that. Some perhaps, but not all. The Moslems I knew in Iraq were amazing persons, who, I believe, were made better by their faith. Not all, of course. But, some yes. I knew a few Muslims who displayed an amazing humility and decency. It is no more... Posted on November 25, 2009 at 07:20 am
Nov 25
The EEOC Means Well But....

Sometimes, management lawyers like to scare potential clients and sometimes, they are simply concerned. But, either way, they over-state the effect EEOC has. The EEOC means well, but they simply have too many cases to perform an actual investigation. Each investigator carries 75-80 cases per investigator. Their budget was cut way back in the 1980's and has seen little relief since. One local San Antonio management lawyer actually suggests business owners should be wary of the EEOC. ("The EEOC... Posted on November 25, 2009 at 07:20 am
Nov 24
Eight Ways to Lose a Noncompete Case

Eight ways to lose a non-compete case. See gruntled employees blog to see how an employer can lose a lawsuit regarding a former employee who has apparently violated a noncompete agreement. The post provides a nice summary regarding what to avoid. Posted on November 24, 2009 at 12:28 pm

Rank This Week: 1876

ERISA Lawyer Blog

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

http://www.erisalawyerblog.com/

Nov 25
Employment-Second Circuit Rules That An Underwriter Is Entitled To Overtime Pay

In Davis v. J.P. Morgan Chase & Co., No. 08-4092 (2nd Cir. 2009), the Court faced the issue of whether the plaintiff-underwriter, who was employed by J.P. Morgan Chase ("Chase") and whose job at Chase was to approve loans to individuals in accordance with detailed guidelines provided by Chase, is an administrative employee and therefore exempt from the overtime requirements of the Fair Labor Standards Act ("FLSA"). In analyzing the case, the Court said that the FLSA (at 29 U.S.C. &#xc2&#xa7... Posted on November 25, 2009 at 07:15 am by Stanley D. Baum
Nov 25
Employee Benefits-IRS Announces The Temporary Closing of the Determination Letter Program for Adopters of Pre-Approved Defined Benefit Plans

According to Announcement 2009-85, on and after February 22, 2010, the IRS will no longer accept applications filed on Form 5307 for determination letters for pre-approved defined benefit plans. The IRS is taking this action, because these plans are required to be restated to comply with items identified for review in IRS Notice 2007-3. The restated plans may be submitted to the IRS for a determination letter (if needed), using Form 5307, during a period of approximately two years, which the... Posted on November 25, 2009 at 04:53 am by Stanley D. Baum
Nov 24
Employee Benefits-New York's Highest Court Rules In Favor Of Same-Sex Benefits

In Godfrey v. Spano, Case No. 147 and Lewis v. Department of Civil Service, Case No. 148 (New York Court of Appeals. 11/19/09) (both cases decided together), the plaintiff- taxpayers had challenged two directives by executive and county officials- namely, a Policy Memorandum issued by the Commissioner of the New York State Department of Civil Service and an Executive Order issued by the Westchester County Executive-which recognized out-of-state same-sex marriages for purposes of providing... Posted on November 24, 2009 at 05:22 am by Stanley D. Baum

Rank This Week: 1878

Jobsworth

Covers UK employment law. By Michael Scutt.

http://michaelscutt.co.uk

Nov 25
Tesco Law surges ahead

Three things connected with Tesco Law caught my eye last week and we saw some interesting developments in the liberalisation of the legal profession, aka the legal services industry. Firstly, On the 18th November, the Legal Services Board ("LSB") published its consultation paper "Alternative Business Structures: approaches to licensing" . The LSB will become the regulator of the regulators when ABSs come into existence in 2011.. The Act contains eight "regulatory objectives" and five... Posted on November 25, 2009 at 02:30 am by Michael Scutt
Nov 25
Serial Litigants beware!

Take a look at this article from The Daily Telegraph. A good idea in principle but I'm wondering about the Data Protection issues involved, as well as the subsequent satellite litigation that would undoubtedly result. Does anyone remember the blacklist of "difficult" employees compiled by The Consulting Association (see my previous post on the subject here)? Or the National Staff Dismissal Register (see here) ? I can accept that there is a world of difference between a register kept by... Posted on November 25, 2009 at 02:04 am by Michael Scutt
Nov 22
Read my Twitterview

A couple of weeks ago I was "twitterviewed" * by Lance Godard of 22Twts fame. it covered both professiona and personal stuff and, if you haven't got any paint drying and don't feel the need for root canal surgery, why not read the interview by clicking here.? * A Twitterview is a live interview on Twitter in 22 questions. It's a great thing to do - thanks for inviting me Lance. Posted on November 22, 2009 at 01:27 pm by Michael Scutt

Rank This Week: 1934

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 24
Sexual Harassment and Office Holiday Parties

Office holiday parties typically offer a more casual environment in which employees may interact and strengthen professional relationships. At the same time, most holiday parties serve alcohol and many employees over imbibe and lose inhibitions. Many claims of sexual harassment arise from inappropriate comments or behavior at an office party as a result. Most aspects of employment law are about respect. This is especially true of sexual harassment claims. Employees that file such claims... Posted on November 24, 2009 at 10:48 pm by Kristen Prinz
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

Rank This Week: 1959

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 24
ARE YOU A MALE WHO IS BEING SEXUALLY HARASSED BY A FEMALE AT WORK? CONTACT SAN FRANCISCO EMPLOYMENT LAWYERS.

Sexual harassment can occur in many different ways. Both men and women can be harassers, and both men and women can be victims of harassment. When men are victims of sexual harassment, they may be embarrassed to seek the help they deserve. If you are a male victim of sexual harassment, you should be aware that there are many other men in your situation. Get help today. There are two basic types of sexual harassment. The first type of harassment is known as "quid-pro-quo" harassment.... Posted on November 24, 2009 at 09:15 pm by Greenberg & Rudman
Nov 23
CALIFORNIA’S FAIR EMPLOYMENT AND HOUSING ACT PROVIDES STRONGER PROTECTION THAN THE FEDERAL AMERICANS WITH DISABILITIES ACT.

If you are a California resident with a disability, you should know that both California and federal law prohibits employment discrimination based on disability. If you think that you may have been a victim of disability discrimination, you are not alone. The Equal Employment and Opportunity Commission (EEOC) has received numerous disability discrimination allegations each year. In 2008 alone, the EEOC received over 19,400 allegations of disability discrimination in the workplace. California's... Posted on November 23, 2009 at 12:12 pm by Greenberg & Rudman
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

Rank This Week: 1967

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 24
Indonesian activists suffer police investigation

My counterpart in Indonesia, Emerson Yuntho, has been swept up in a flurry of police activity associated with the Third Conference of State Parties (CoSP) of the United Nation Convention Against Corruption (UNCAC). I just met Emerson last month when he visited our offices at the National Whistleblowers Center. You can see our photo of his visit in my blog post about it. The Third UNCAC Conference was in Doha, Qatar, two weeks ago. Now Indonesia Corruption Watch (ICW) has released a report... Posted on November 24, 2009 at 04:48 pm
Nov 23
International Whistleblower News (November 23, 2009)

[Canada] MacCharles, Tonda, Richard Colvin: Portrait of a whistleblower, theStar.com, November 21, 2009. Talk to people who know Richard Colvin and a few key traits emerge. Driven, committed to Canada's mission in Afghanistan. Knows his stuff. Takes copious notes. Sociable, yet discreet. Above all, discreet. Click here to read more. [Vietnam] Huy, Dam, "Company chief arrested for having whistleblower killed, Thanhnien News.com, November 21, 2009. Ngo Quang Truong, director of real estate... Posted on November 23, 2009 at 06:19 pm
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

Rank This Week: 1990

Overtime Advisor

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

http://www.overtimeadvisor.com/

Nov 24
Employees Are Exempt or Non-Exempt - Not Both

Since "exempt" employees are not covered by the overtime pay regulations, they do not have the possibility of collecting overtime wages to earn additional money. Many, however, would be happy to take on an extra job for their employer in exchange for more pay. With businesses reluctant to expand payrolls or fill vacant positions during this time of economic uncertainty, it would seem like a win-win situation: the company gets a job done by a proven employee who already knows the organization;... Posted on November 24, 2009 at 02:11 pm
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

Rank This Week: 2009

Workplace Discrimination Blog

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

http://workplacediscriminationblog.com

Nov 24
9th Cir. Court of Appeals Rules that Rehabilitation Act May Apply to Independent Contractors

On November 19, 2009, the 9th Circuit Court of Appeals held that The Rehabilitation Act applies to an anesthesiologist hired by a medical center as an independent contractor. The decision was made in Fleming v. Yuma Reg'l Med. Ctr.. At issue was whether section 504(d) of the Act, which makes reference to the Americans with Disabilities Act (ADA), incorporates all of Title I of the ADA or just the "standards." Citing the broad language of the Act, the Court held that Congress intended to the Act... Posted on November 24, 2009 at 12:54 pm by admin
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

Rank This Week: 2023

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 24
Who Makes Your Health Care Decisions if You Do Not Have a Living Will?

Who makes your medical decision for you if you are unable? The answer to this question is even more difficult if the decision involves the removal of ventilators, feeding and water tubes. In these situations, friends and family of the patient have become engaged in bitter disputes over (1) who gets to make those decisions and (2) what your wishes regarding treatment would have been? A valid Living Will answers both of those question. Living Wills are governed by Act 169 of 2006 (the "Act"),... Posted on November 24, 2009 at 12:51 pm
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

Rank This Week: 2025

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 24
Spelling Settles California Wage Violation and Wrongful Termination Lawsuit

As Southern California Employment Attorneys, we have been following the recent Los Angeles, California lawsuit settlement between Candy Spelling, widow of television tycoon Aaron Spelling, and her ex-maid--who accused Spelling of wrongful termination, for being overworked and underpaid. The lawsuit, filed by Lourdes Serrano in April of this year, alleged that Spelling, mother actress Tori Spelling, forced the employee to "clock out," so she would miss her paid 10-minute breaks that are required... Posted on November 24, 2009 at 12:03 pm
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

Rank This Week: 2033

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 24
Article 78 appeal for expansion of multifamily barn denied

Matter of Michael Mimassi v Town of Whitestown Zoning Board of Appeals Petitioner brought about this Article 78 proceeding to challenge a judgment of the Supreme Court dismissing a petition to review a determination of the Whitestown Zoning Board of Appeals (ZBA). Petitioner purchased property in the Town of Whitestown that included a farmhouse that had been converted into a three-family dwelling. The Town's Code does not permit multifamily dwellings but since this farmhouse was converted prior... Posted on November 24, 2009 at 09:07 am
Nov 23
Article 78 to review Zoning Board of Appeals decision granted

Matter of Craig Emmerling and Lynn Emmerling v Town of Richmon Zoning Board of Appeals This article 78 appeal was brought about to challenge a judgment of the Supreme Court dismissing a petition. Petitioners commenced an article 78 appeal to reverse the determination of the Town of Richmond Zoning Board of Appeals (ZBA) that required a site plan review by the Town Planning Board prior to petitioners being allowed to erect a fence on their property. The Supreme Court dismissed their appeal which... Posted on November 23, 2009 at 11:00 am
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

Rank This Week: 2066

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 24
New Jersey Supreme Court To Decide Employee's Use of Company Records in Discrimination Case.

Employment lawyers in New Jersey will be following this case closely. The New Jersey Supreme Court has agreed to hear an appeal by a former Curtiss-Wright Corp. employee whose $10.6 million sex-discrimination judgment was reversed because she shared confidential company records with her lawyer. The issue before the court is whether a worker's acquiring of company information in the normal course of her job, and communicating it to her employment attorney in her discrimination case, is protected... Posted on November 24, 2009 at 08:47 am by David Krenkel
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

Rank This Week: 2072

Whistleblower Law Blog

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

http://employmentlawgroupblog.com

Nov 24
Employment Law Group® Law Firm Principal Jason Zuckerman Named as a Top Whistleblower Lawyer

The December 2009 Washingtonian magazine's list of top lawyers in the Washington, D.C. metropolitan area lists Jason Zuckerman, a Principal at The Employment Law Group&#xc2&#xae law firm, as a top whistleblower lawyer. To learn more about The Employment Law Group&#xc2&#xae law firm's whistleblower practice, click here. Posted on November 24, 2009 at 07:59 am by admin
Nov 23
DoD Strengthens Whistleblower Protections for Employees of Contractors

On November 19, 2009, the Department of Defense (DoD) issued an interim rule implementing the whistleblower protection provisions of the National Defense Authorization Acts for Fiscal Years 2008 and 2009. The rule clarifies the scope of protected conduct, sets forth procedures governing Inspector General investigations, and clarifies the removal provision under which a whistleblower can obtain de novo review in federal district court. For information on The Employment Law Group&#xc2&#xae law firm's... Posted on November 23, 2009 at 09:16 am by admin
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

Rank This Week: 2087

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 24
Sexual Harassment Policies At Issue In Sacramento Firefighter Lawsuit, Part 7 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 Will Assist the Trier of Fact and Therefore Are Relevant and Admissible. Finally, defendants argue that Mr. Black's opinions as to the City's violations of its internal policies and procedures are not relevant to any of the issues in this case, and that testimony about those opinions... Posted on November 24, 2009 at 07:45 am by Moseley Collins
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

Rank This Week: 2091

Kentucky Personal Injury Lawyer...

Kentucky Personal Injury Lawyer Blog

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

http://www.kentuckypersonalinjurylawyerblog.com/

Nov 24
Kentucky Personal Injury Wrongful Death Lawyer

In Kentucky, a recent Kentucky Supreme Court ruling has expanded spousal rights to sue for loss of consortium. The old law in Kentucky for a personal injury wrongful death case was that a spouse was entitled to loss of consortium up until the time that the other spouse died. But, with recent large accidents that have left a lot of spouses without their loved ones, such as the 2006 Comair Flight 5191 crash in Lexington, Kentucky, and widows of deceased miners, the Supreme Court took it upon... Posted on November 24, 2009 at 07:36 am by Andrew S. Alitowski
Nov 22
Kentucky Car Accident Airbag Safety Information

Airbags were first invented and placed into vehicles back in the 1970's. But, it was not until the mid 1980's did they become more common. In 1998, the United States mandated that all vehicles be equipped with dual front airbags. The car airbag evolution continues as scientists think of more advanced ways of saving lives. In 2008 Toyota came out with a rear curtain shield airbag to protect the rear occupants. In 2009, Toyota came out with a rear-seat center airbag to help protect occupants... Posted on November 22, 2009 at 08:44 am by Andrew S. Alitowski
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

Rank This Week: 2093

Texas Employment Law Update

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

http://www.texasemploymentlawupdate.com/

Nov 24
New Jury Verdict Research Indicates Employers Faring Worse in Jury Trials

Manpower has published its most recent research on jury verdicts and the news is not good for employers. According to a summary of the full report: Employers won the lowest percentage of discrimination jury trials this decade; only 39 percent. Employers won on 33 percent of age cases and 52 percent of disability discrimination cases. Expect employer's winning percentage to decrease in disability discrimination cases in the next years as post-ADAAA cases make their way to juries. Age... Posted on November 24, 2009 at 05:30 am
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

Rank This Week: 2123

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 24
IHOP Pays $105,000 in Sexual Harassment Lawsuit

The International House of Pancakes ("IHOP") will pay $105,000 to two waitresses who were sexually harassed by an assistant manager.The Equal Employment Opportunity Commission ("EEOC") handled the case on behalf of the two waitresses and a federal jury awarded them $105,000 at the conclusion of the trial. Both waitresses were teenagers when they worked for IHOP, and according to testimony at trial were subjected to unwelcome physical touching, propositions for sex and sexual comments. This... Posted on November 24, 2009 at 04:50 am by Peter M. LaSorsa
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

Rank This Week: 2127

Rush on Business

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

http://www.rushonbusiness.com/

Nov 24
Happy Thanksgiving!

I want to take the time to thank my clients that have made 2009 such a special year. I am very fortunate to work with some of the best people I know. A big thank you to the regular readers of this blog. As I enter the 4th year for Rush on Business this coming March it's always nice to know that I have support from so many. Have a great Thanksgiving holiday! Posted on November 24, 2009 at 04:05 am
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

Rank This Week: 2135

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 24
CUSTOMER LISTS AND NON-COMPETE AGREEMENTS

I was on a corporate law firm website today. The firm represents employers and companies in employment litigation. They advertise that the first step when an employee leaves and there is the threat they will breach their non-compete agreement, is to "write a firm cease and desist letter" "demanding the return of all company information including customer lists." Yes employees, this is exactly what your ex-employer Virginia Company Inc., LLC will do when you leave. They will attempt to scare you... Posted on November 24, 2009 at 02:11 am by Lauren Ellerman
Nov 23
HOW TO GET AROUND YOUR NON-COMPETE

Many Virginians want to know how they can work around their non-compete. I have had some very creative clients who have thought of unique ways to get around their non-compete agreements. Yes, I mean, compete without it appearing that they are competing. Here are some failed ways to "get around you non-compete." 1. Start your own company and hire yourself out as an independent contractor or have the new company contract with your company. Goal - Not breach the agreement because you personally... Posted on November 23, 2009 at 02:23 am by Lauren Ellerman
Nov 22
THE UNIVERSITY OF VIRGINIA MEDICAL CENTER REQUIRING NON-COMPETES

The University of Virginia Medical Center is adding "non-competition" clauses to the employment agreements of its 800 clinical faculty members. Under the new policy, clinical faculty involved in primary care - such as pediatrics or family medicine - are prohibited from practicing medicine within a 15-mile radius for one year after leaving employment with UVA. Clinical faculty who practice in more specialized fields cannot work within 50 miles for a year after leaving UVA. This is bad policy and... Posted on November 22, 2009 at 05:54 am by Dan Frith

Rank This Week: 2147

CCH Workday

Covers labor and employment law developments.

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

Nov 23
Buyer beware. Employer, too.

In anticipation of Black Friday-the feverish, day-after-Thanksgiving shopping mayhem that marks the onset of the holiday gift-buying season and the shift in retailers' fortunes from red to a profitable black-OSHA has issued crowd-control guidelines to help retailers protect their employees during major sales events. "Crowd-related injuries during special retail sales and promotional events have increased during recent years," said Jordan Barab, acting assistant secretary of labor for OSHA.... Posted on November 23, 2009 at 05:01 pm by Lisa Milam-Perez
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

Rank This Week: 2176

Lawffice Space

Covers employment laws and cases. By Philip Miles.

http://www.lawfficespace.com/

Nov 23
First Amendment Unemployment Compensation: Sherbert v. Verner

Tonight's entry marks the first in a planned series of posts on first amendment protections for private employees through unemployment compensation law. The series is inspired by a recent post on The Volokh Conspiracy. In short, a November 16, 2009 Magistrate Judge's report (Griffin v. N.H. Dept. of Employment Security (.pdf)) found that the First Amendment protects, in an unemployment compensation decision, an employee terminated by a private employer for his speech. Generally, private... Posted on November 23, 2009 at 04:36 pm
Nov 21
DoL Calls for Wage and Hour Reinforcements

The Blog of Legal Times (aka BLT) reports that the Department of Labor (DoL) hired an additional 250 wage and hour investigators. And you thought no one was hiring! Secretary of Labor Hilda Solis (pictured) made the announcement on Thursday. The new hires represent a one-third increase in staffing. So what does this mean for employers? The Wage and Hour division administers the Fair Labor Standards Act (FLSA)(.pdf). In short, the FLSA requires: A national minimum wage of $7.25/hour; and... Posted on November 21, 2009 at 06:27 am
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

Rank This Week: 2179

The PathLaw Blog

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

http://pathlaw.com/blog/

Nov 23
Report Finds Both Workers and Doctors Pressured to Avoid Reporting Workplace Injuries

The new report by the Government Accountability Office (GAO) found that both workers and health care professionals are often pressured not to report workplace injurues. The GAO surveyed more than 1,000 occupational health practitioners and found (1) more than two-thirds observed worker fear for reporting an injury or illness, (2) a third said they were pressured by employers to provide insufficient treatments to workers to hide or downplay work-related injuries or illnesses, and (3) more than... Posted on November 23, 2009 at 01:13 pm by Narendra Ghosh
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

Rank This Week: 2196

General Counselor

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

http://general-counselor.com

Nov 23
Paul Starkman discusses proposed first genetic testing rule imposed by an employer

Paul E. Starkman Chicago Partner Paul Starkman was quoted in Business Insurance Magazine, in an article entitled "Employer's DNA test rule raises legal concerns." The article appeared in the November 16 issue of the magazine, and looked at some of the legal issues that may be encountered if employers collect DNA from applicants to do Posted on November 23, 2009 at 11:53 am by JJS
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

Rank This Week: 2206

Maine Employment Lawyer Blog

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

http://www.maineemploymentlawyerblog.com/

Nov 23
Genetic Information Non-Discrimination Act (GINA) Becomes Effective

On November 21, 2009 the federal Genetic Information Non-Discrimination Act (GINA) became effective. Under this new law, subject to a handful of exceptions, employers may not gather genetic information about their employees. Genetic information includes an employee's family medical history. The law also forbids employers from discriminating against employees on the basis of their genetic information. For instance, under GINA, an employer could not fire someone because he has a family history of... Posted on November 23, 2009 at 10:35 am by Peter Thompson & Associates
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

Rank This Week: 2216

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 23
Judge Gives Early Thanksgiving Treat To Employer In FLSA Donning and Duffing Class Action

A federal judge in charge of a Fair Labor Standards Act ("FLSA") action involving workers for the turkey producer, Butterball, has rejected an attempt by the workers to compel the poultry company to adopt measures that would provide accurate records of the time workers took donning and doffing their special work clothing. The case is entitled Martinez-Hernandez v. Butterball, LLC. and is being litigated in the Eastern District of North Carolina. As I have written about numerous times, these... Posted on November 23, 2009 at 08:22 am
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

Rank This Week: 2238

Delaware Employment Law Blog

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

http://www.delawareemploymentlawblog.com/

Nov 23
Larry Johnson: A Twitter Termination

Employers are struggling to develop effective social-media policies. And for good reason-it can be hard to draft a policy that is intended to address issues that are unfamiliar and that arise from technology that many employers don't quite understand. Which may explain why some employers have been making news headlines with their Facebook and Twitter policies. One of the reasons that employers implement (and should implement) social-media policies is to help mitigate the risk of liability. When... Posted on November 23, 2009 at 06:21 am by Molly DiBianca
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

Rank This Week: 2258

Great Work!

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

http://ralawemployment.blogspot.com/

Nov 23
Man Hit By Car Ineligible for FMLA Leave

On November 3, 2009, the Sixth Circuit Court of Appeals issued its decision in Stimpson v. United Parcel Service, Sixth Cir. Case No. 08-2263, affirming an award of summary judgment to the employer. Plaintiff Paul Stimpson, a part-time UPS employee, was hit by a car while riding a bicycle off-duty. Mr. Stimpson was treated at an emergency room, where he was noted to have contusions on his back, legs, and right ankle. He returned to the hospital a day later complaining of back pain. Mr. Stimpson... Posted on November 23, 2009 at 02:51 am by ---------------------------------
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 ---------------------------------

Rank This Week: 2272

HR Law Blog

Covers developments in UK employment law. By Pannone LLP.

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

Nov 23
55% of UK employers plan to freeze pay for another year

Many employees who, having accepted a pay freeze this year, were looking forward to receiving a pay rise next year, will have their hopes dashed according to the results of recent survey. The Confederation of British Industry (CBI) and recruitment consultancy Harvey Nash, questioned 240 employers and found 55% expected to freeze pay, 39% planned a modest pay increase and only 4% looked to award an inflation-beating pay rise. John Cridland, the CBI's deputy director-general, said of the report:... Posted on November 23, 2009 at 12:00 am
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

Rank This Week: 2278

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 This Week: 2280

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 22
Sexual Harassment Suit Settled with Cheesecake Factory

It appears that the Cheesecake Factory was allowing some of its male employees to be treated more like beefcake. In a settlement agreement, Cheesecake Factory must pay six employees a total of $345,000 for sexual harassment. The suit claimed that management knew about and tolerated the behavior. The men complained repeatedly to management that they were treated in a demeaning and degrading manner by other male members of the staff. They described inappropriate touching, simulation of rape and... Posted on November 22, 2009 at 02:28 pm by Jim Higgins
Nov 22
Store to Pay $35,000 for Disability Discrimination

Julie Tufts is feeling a bit more vindicated than she did before. Her employer, Hob Lob, LLC, operating under the name of Hobby Lobby, has been ordered by a judge to pay the fine as part of a settlement in a lawsuit filed by the Equal Employment Opportunity Commission. Hobby Lobby refused to allow Tufts to perform her work from a wheelchair. Employed since 2005 with the company, Tufts injured herself on the job. She has a medical condition that causes diminished sensation in the legs and feet... Posted on November 22, 2009 at 01:53 pm by Jim Higgins
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

Rank This Week: 2298

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 This Week: 2314

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 This Week: 2377

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 This Week: 2383

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 This Week: 2420

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 This Week: 2464

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 This Week: 2482

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 This Week: 2487

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 This Week: 2499

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 This Week: 2546

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 This Week: 2595

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 This Week: 2596

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 This Week: 2618

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 This Week: 2636

Sexual Harassment Lawyer Blawg

Covers racial and sexual harassment and education law. By Law Offices of Joshua Friedman.

http://www.sexualharassmentlawyerblawg.com/

Nov 12
Sexual Harassment was Just the Beginning of Their Ordeal: Their Boss Calls them a "Liar" on TV

What do you do when you report sexual harassment, your employer does an investigation, the evidence clearly shows that you were sexually harassed, and then you employer issues a report stating your allegations were "not sustained." And commences to retaliate against you. And gets on TV and calls you a liar. This is exactly what happened to Sergeant Schmidt and Corporal Guenther of the Washington County Sheriff's Office, in Fayetteville, Arkansas. Posted on November 12, 2009 at 10:52 pm
Nov 12
Sexual Harassment was Just the Beginning of Their Ordeal: Their Boss Calls them a "Liar" on TV

What do you do when you report sexual harassment, your employer does an investigation, the evidence clearly shows that you were sexually harassed, and then you employer issues a report stating your allegations were "not sustained." And commences to retaliate against you. And gets on TV and calls you a liar. This is exactly what happened to Sergeant Schmidt and Corporal Guenther of the Washington County Sheriff's Office, in Fayetteville, Arkansas. After Sergeant Schmidt's complaint the Sheriff's... Posted on November 12, 2009 at 10:52 pm by Law Offices of Joshua Friedman, Esq.
Nov 9
New Jersey school racial harassment case heading to trial

We are in the final days before our pretrial conference in this peer racial harassment case heading to trial in Newark, New Jersey. In this case, against the Lenape Valley Regional Board of Education, and Lenape Valley Regional High School Principal Douglas deMarrais, our clients Edward and Leeann Lee sued to recover damages to their then-teenage multi-racial son, who was harassed at school. They brought claims under federal and state laws Memorandum of Law.pdf In the lawsuit, the defendants... Posted on November 9, 2009 at 09:12 am

Rank This Week: 2647

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 This Week: 2656

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 This Week: 2663

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 This Week: 2673

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 This Week: 2718

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 This Week: 2723

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 Lab

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