Employment Law

November 14, 2008

  • CEO Busted in Illegal Immigration Raid

    John Phillips has an update on the widely reported raid on a meatpacking company in Iowa in May of this year.  Not only was the CEO forced to resign, he now faces charges of harboring illegal immigrants, abetting identity theft and bank fraud. The company involved has filed for bankruptcy.
    This is a cautionary tale for [...]

September 9, 2008

  • In responding to harassment complaint, prompt means prompt

    Jon Hyman at Kohrman Jackson & Krantz has put out some good information about how to respond (and not to respond) to an employee's claim of racial harassment:
    In Bailey v. USF Holland, the 6th Circuit affirmed the lower court's award of $350,000 in compensatory damages to each of the two defendants, finding:
    Defendant cites examples of [...]

September 7, 2008

  • Office of Special Counse Not Above Reproach

    The Word on Employment Law has post about the questionable practices of the Office of Special Counsel is a federal agency that is supposed to handle whistleblowing complaints of federal employees:
    "It’s supposed to be the investigator for and of the federal government.  Instead, the head of the Office has been under investigation for about two [...]

August 23, 2008

  • Religious Accommodation

    The Word on Employment Law has a good discussion of a recent case in the 8th circuit on religious accommodation requirements of Title VII:
    Title VII requires an employer to accommodate an employee’s religious beliefs unless it causes the employer an undue hardship.  Sometimes, an accommodation is possible.  Sometimes, it’s not.  But the employer must always [...]

June 17, 2008

  • Court OKs suits on retaliation in race, age cases

    WASHINGTON (AP) _ The Supreme Court sided Tuesday with employees who faced retaliation after complaining about race and age discrimination in rulings that drew support from conservative and liberal justices.
    The court, by a 7-2 vote, said a provision of the Civil Rights Act of 1866 covers claims of retaliation that follow complaints about discrimination on [...]

June 15, 2008

  • FBI Officers To Proceed With Labor Class Action

         WASHINGTON (CN) - The Court of Federal Claims allowed FBI officers to pursue a class action against the government for failure to increase their salaries. Judge Hewitt found that the court has jurisdiction because the case is based on a money-mandating U.S. code covered by the Tucker Act. Continue . . .

June 14, 2008

  • Between the Wars–HR Song of the Week

    Billy Bragg is said to be an artist who writes songs with a social conscience and killer melodies.  He has a number of hits that would fall into the category of work-related songs, including this one.

June 13, 2008

  • Is it possible that one-fifth of companies violate the FMLA?

    If you believe a headline from yesterday's Cleveland Plain Dealer, 20% of employers violate the FMLA. Or, at least that is what a recent study conducted by the Families and Work Institute concluded:

    "There are so many reasons you could imagine an employer not complying," said Kate Kahan, director of work and family programs [...]

June 12, 2008

  • Growing Popularity of Temporary Executive Level Jobs

    Hiring temporary workers for basic office clerical positions has long helped understaffed businesses run smoothly. Now the use of temporary employees options is expanding to many other roles in today's businesses.

    Read more . . .

June 11, 2008

  • Retaliation Risks Rise in Employment Discrimination or Harassment Claims

    Although the present U.S. Supreme Court may still be regarded as relatively conservative when it comes to employment law issues, it has put employers on notice that retaliation against employees who complain about discrimination or harassment won’t be tolerated.  In 2006, the Court (9-0 decision) made it easier for employees to assert retaliation claims under Title VII of the [...]

June 10, 2008

  • Employee Follow-up–Tip of the Week

    Employers routinely use disciplinary write-ups and warnings, as well as performance reviews as a way of managing employees.  One thing that often falls through the cracks is follow-up with the employee after the discipline or review.  The follow-up is as important as the discipline and the review. (more…)
    Continue . . .

June 9, 2008

  • Accuracy of background checks poses potential problem for employers

    Business Week magazine this week is running a story on the lack of accuracy in credit reports. The article claims that inaccuracies are a huge problem in the background checking industry, and gives a few heart-wrenching anecdotal examples to support the allegation. Dan Schwartz, at the Connecticut Employment Law Blog, has done the math, however, [...]

June 8, 2008

June 7, 2008

  • Class Action Alleges Racial Bias

         HOUSTON (CN) - Gable's Residential Services, which owns and manages residential communities across the United States, has only one black manager in its more than 200 managerial positions, and that person was hired only after the company was sued for racial discrimination, according to a class action racial bias claim in Federal Court. Read more [...]

June 6, 2008

  • Stickup Victims Sue Employer Over Firings

    Four employees of a check-cashing company suffered one trauma when they were robbed at gunpoint. Now they're suing ACE Cash Express over another trauma — being fired for not sounding an alarm during the robberies. more Read more . . .

June 5, 2008

  • Honolulu jury awards $3M to city ex-official in whistleblower case.

    A Circuit Court jury Friday awarded a former Honolulu city official more than $3 million dollars, upholding her claim that she lost her job in 2003 for blowing the whistle on what she saw as wrongdoing in the administration of the former Mayor. The jury deliberated a half-day before returning a verdict in favor of [...]

  • A Reminder on Congress' Amendments to Family and Medical Leave Act (FMLA)

    The Family and Medical Leave Act experienced much needed changes in 2008. Congress amended the Family and Medical Leave Act (FMLA) earlier in the year to afford employees two new types of leave. First, employees may take 26 weeks of leave in a single 12 month period to care for an injured or ill [...]

June 4, 2008

  • Tyson Wants High Court to Redefine "Work"

    Lawyers for Tyson Foods are challenging a U.S. appeals court ruling that compensable work includes the putting on and taking off of protective work clothing and are calling on the Supreme Court to resolve what the company claims to be a conflict in the courts of appeal. Monday's petition for a writ of certiorari was [...]

June 3, 2008

June 2, 2008

  • Court OKs suits on retaliation in race, age cases

    WASHINGTON (AP) _ The Supreme Court sided Tuesday with employees who faced retaliation after complaining about race and age discrimination in rulings that drew support from conservative and liberal justices.
    The court, by a 7-2 vote, said a provision of the Civil Rights Act of 1866 covers claims of retaliation that follow complaints about discrimination on [...]

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