WASHINGTON, D.C. - (Mealey's) Retaliation claims filed
under Title VII of the Civil Rights Act of 1964 must prove but-for causation, a
split U.S. Supreme Court ruled June 24, rejecting the lessened causation test
outlined in 42 U.S. Code Section...
This will continue my attempt to explain some of the legal mumbo jumbo in your employment contract, and why the lawyers put it there. Today, I'll talk about confidentiality. You may see a sentence or two in your agreement that look something like...
One of the key analyses in any discrimination lawsuit is
whether the plaintiff is "similarly situated" to those whom he or she claims
the employer treated more favorably. If the plaintiff can establish disparate
treatment of those "similarly...
Fargo Investments v. Shaffer , FINRA Arbitration No. 10-00773 (Jan. 18,
2011) , claimant/counter-respondent Wells Fargo Investments,
LLC ("Wells Fargo," the "brokerage firm," or the "firm") had made to
On May 6, 2011, after an eight-day hearing, an
arbitration panel of the Financial Industry Regulatory Authority, Inc.
("FINRA"), sitting in Philadelphia, Pennsylvania, held that a discharged broker
of Bank of America Corp. ("BAC"...
Tattoos are intended to convey a message. Whether it's an old-school-style pinup girl or the modern favorite "tribal language," the tattoo bearer, presumably, gets inked because of the message that it conveys. Perhaps the message is meant...
The federal Fair Labor Standards Act of 1938, as amended,
29 U.S.C. §§ 201-219 (the "FLSA"), and its corresponding regulations,
29 C.F.R. § 510 et seq. , require that most employees in the U.S.
be paid not less than the federal...
Now that two states have legalized marijuana altogether and another has decided to allow it for medical purposes, you may be thinking you can finally have the occasional toke if you're in one of the lucky states. But don't bogart that joint just...
You are receiving $500 per week in Pennsylvania
Unemployment Benefits and have been offered part-time work as an independent
contractor, paying you $200 per week. You understand that if you earn 40%
or less of your weekly Unemployment Benefit rate...
In early April, a California court issued a published
decision holding that an employer who employs piece rate employees must
compensate those employees at the piece rate for all piece rate work and at a
rate of at least the minimum wage for each hour...
When Indiana Gov. Mitch Daniels (R) signed HB 1001 in
February - making the Hoosier State the 23rd overall and the first since
Oklahoma a decade earlier to adopt so-called "right-to-work"
legislation that allows workers to avoid paying union...
In wrongful termination lawsuits, the courts of the State of New York, and federal courts applying New York law, do not preclude either employers or workers from relitigating issues of fact or law decided adversely to them in unemployment insurance benefits...
by Ann Kontner
It seems that as Human Resources professionals we have
been inundated with information about the new definition of the term
"disability" under the ADA Amendments Act (ADAAA) of 2008. Furthermore,
it has been burned into...
If an employee complains that her supervisor is sexting her, making unwelcome physical contact, and telling her that she can get a better work schedule in exchange for "small favors," you better damn well investigate that!
Ignore it and you...
K. Newman, Partner and chair of the employee mobility and trade secret practice
at PaulHastings, discusses the Computer Fraud and Abuse Act in the context of
an employee's "authorized" use of company systems for unauthorized purposes...
Let's say you operate a business in NJ. Your disabled
employee comes to you requesting an accommodation for his disability. Does the
mere failure to provide that accommodation trigger a claim under the New Jersey Law
Against Discrimination (NJLAD...
WARN Act: The Worker Adjustment and
Retraining Notification Act
That's a mouthful! In general, this statute is designed to require
employers to provide employees with 6o days notice of layoffs due to plant
closings, sale of business or financial...
by Karin Jones
The Oregon Supreme Court has
confirmed that employers are not obligated to accommodate the use of medical
marijuana by disabled or other employees, holding in Emerald Steel Fabricators,
Inc. v. Bureau of Labor and Industries, 348...
Employment At Will: The Most Commonly
Misunderstood Principle in the Workplace
Most Americans have a general understanding of the "employment at
will" doctrine. They understand that it means that they are not guaranteed
On this edition, Deborah A. Ausburn of Taylor English Duma LLP in Atlanta discusses Solis v. Laurelbrook Sanitarium and School, Inc. (No. 09-6128, 6th Cir., April 28, 2011) and the 6th Circuit's use of the primary benefits test to find no violations...
While we may share a love of hockey, beer and Justin Bieber, there remains many intangible cultural and legal differences between Canadian and US employment law. Given the global nature of most of the clients I work with, I frequently advise US employers...
by Walter I. Skinner
On August 26, 2011, the U.S. Department of Labor issued its final rule
implementing President Obama's Executive Order 13495 entitled "Nondisplacement
of Qualified Workers Under Service Contracts", which threatens...
Two lawsuits filed in the past 11 days by the EEOC serve as a reminder that the mandatory “interactive process” under the Americans with Disability Act requires the employer to at least discuss whether there is an appropriate reasonable accommodation...
Mother's Day is long past, but you'd never know it -- in
employment law, this has been the Week of the Moms. Here's a roundup - tell us
what you think!
First up: Title VII's
ban on pregnancy discrimination includes discrimination...
should employers conduct employee valuations?
What are the risks of poorly drafted performance evaluations? What should employers do to avoid when they
are in the position of giving a negative review? Who should conduct...