Archive for October, 2003
Interesting whistleblower/1st amendment allegations
Findlaw (AP) reports: “Colo. Worker Fired After Outed As Source.”
“A planner for a ski resort was fired after she was identified as an anonymous source who criticized Aspen for its development of a housing and retail development.”
Her comments included an allegation that “back-room” negotiations were being employed by the developers and the town. She [...]
Update on Wal-Mart immigration raids
Findlaw (AP) reports: “Sources: Wal-Mart Knew of Illegal Workers.”
“Wal-Mart had direct knowledge of immigration violations involving its cleaning contractors at stores across the country, federal law enforcement sources said.”
“Federal agents raided Wal Mart’s headquarters and 60 of its stores across the nation Thursday, arresting more than 300 illegal workers. . ..”
“The arrests were made at [...]
McDonald’s settles obesity employment case
CNN (Reuters reports: “McDonald’s settles suit with overweight man”
No, it’s not about blaming the company for his obesity.
“McDonald’s Corp. said Thursday it settled a[n ADA] lawsuit alleging it had discriminated against a 420-pound man who said he was denied a job in one of its restaurants due to his weight.”
Obesity as a disability is a [...]
360-degree performance reviews
Christian Science Monitor has another excellent workplace trend piece:“To put best foot forward, look around.”
“Started three decades ago, 360-degree reviews reached fad stage by the early 1990s. The low quality of some of the surveys and consulting left a number of companies disillusioned, but 360s have since emerged as a mainstream employee-development tool.”
“‘Any kind of [...]
Eighth Circuit indicates its application of Desert Palace v. Costa; says 2 months too long for inference of retaliation
In Trammel v. Simmons Bank (9/23/03), an age discrimination case, the Eighth Circuit, faced with no “direct evidence,” applied the familiar McDonnell-Douglas burden shifting approach. Assuming the plaintiff had presented a prima facie case, it conluded the employer had presented a legitimate, nondiscriminatory reason that the plaintiff failed to prove pretextual. It then [...]
Wal-Mart immigration headache
FindLaw Reuters reports: “Feds Arrests 300 Wal-Mart Workers.”
“Authorities arrested about 300 workers at 60 Wal-Mart Stores Inc. locations across the country on immigration charges in an investigation into contractor cleaning crews, and some company executives knew about the scheme, U.S. officials said on Thursday.”
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Good employment stats again
CNN reports: “Jobless claims fall to 386,000 in latest week”
US jobless claims fell, “remaining below the key 400,000 level that many economists believe is a benchmark for labor-market weakness.”
“386,000 people filed for benefits in the week ended Oct. 18, compared with a revised reading of 390,000 in the prior week.”
“The four-week moving average [...]
Cool Bureau of Labor Statistics tools
Click here to view unemployment trends by state on a US map.
Click here for the “economy at a glance.”
And, my favorite, click here for the handy-dandy inflation calculator (how much would that ‘66 VW Beetle that I bought in ‘77 for $600 cost in today’s dollars? $1833.66)
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Suggestion on avoiding high-tech snooping
ZDNet UK (CNETAsia) has this: “Workplaces ’should ban camera phones”
“All companies, not just those handling highly sensitive materials, should ban employees and visitors bringing camera-enabled phones into the premises, according to an analyst.”
“‘A clear policy of no camera-enabled phones — just as there is a clear policy in most companies that no cameras are [...]
Tips on promotion decisions
Microsoft bCentral has this practical column:“Promoting employees: how to get it right,” by Jeff Wuorio.
Seven guidelines for promoting an employee:
1. Get to know all the wrong reasons for doing it.
2. Recognize that competence doesn’t necessarily mean a promotion.
3. Spell out why you’d promote an employee.
4. Let your people know what [...]
Case emphasizes discrimination charge relationship to lawsuit allegations; also key points for retaliation cases
Sitar v. Indiana Dept. of Transp. (7th Cir. 9/29/03)
In this sex discrimination, sexual harassment, and retaliation case, the Seventh Circuit affirmed summary judgment for the employer on the discrimination and harassment claims, but reversed on the retaliation claims.
Problems with the charge
The problem for the plaintiff on the discrimination and harassment claims was the failure to [...]
Fellow Blogger adds thoughtful and personal voice to my commentary on health insurance issues
See this post (”passionate concern about health care coverage (personal reflection)“) and this one (”California strikers and the cost of their health insurance“) from sonria.org, which cites back to this blawg.
Bloggers and readers: let’s all do our part to keep this issue rolling towards solutions!
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New York Times on health care crisis
New York Times reports: “Workers Feel Pinch of Rising Health Costs”
Good story, worth reading in full. Most interesting point for me:
A few large employers are offering “a new type of health plan, sometimes called consumer directed, that gives workers an unfiltered view of health bills — and often increases their costs. Employees get an [...]
AFL-CIO position on Wal-Mart’s health insurance — blame the employer, not the system
AFL-CIO’s website has this: “Is Wal-Mart Setting the (Low) Standard for Employer Health Coverage?”
Guess the answer? Of course they are. But why? Because they can get the labor they need cheaply enough without offering expensive health plans.
AFL-CIO observes:
“Wal-Mart’s bottom-of-the-barrel wages averaging $7.50 to $8.50 an hour leave workers well below the [...]
Unanswered questions of sexual harassment law
This entry in Michael Fox’s Jottings By An Employer’s Lawyer, discussing the recent case of Walton v. Johnson & Johnson, (11th Cir. 10/20/03) raises some interesting unanswered questions regarding sexual harassment law.
For my answers, click his “comments” link (I ran on past the character limit, so it’s actually two comments).
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