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Posts Tagged ‘Employment Law’

Employment of Women: Survey of Issues & Initiatives — Workplace Flexibility

Written on 7 Sep, 2011 at 15:00

Workplace flexibility is a top priority of the Women's Bureau. ... (Continue reading)

HR Record Retention Requirements: How Long Do You Have to Keep Employment Records?

Written on 18 Jul, 2011 at 12:50

How long various types of HR records must be kept, according to applicable employment laws.... (Continue reading)

Discrimination Against Unemployed Applicants? EEOC Hears Experts.

Written on 26 Apr, 2011 at 10:00

Recently the EEOC held a public meeting to look into "the emerging practice of excluding unemployed persons from applicant pools” and whether such a practice is unlawful under federal discrimination laws.... (Continue reading)

Non-Decision-Maker Bias & Discrimination Liability Under Cat’s Paw Theory in Supreme Court’s Staub v. Proctor Hospital Decision. Part II — Commentary

Written on 22 Mar, 2011 at 14:52

We summarize commentary on Supreme Court's Staub case allowing discrimination liability based on non-decision-making supervisor bias ("Cat's Paw" theory) and offer some advice of our own. ... (Continue reading)

Correctly Treating Travel Time As Hours Worked Under Fair Labor Standards Act (FLSA) Regulations

Written on 11 Mar, 2011 at 15:32

Many factors impact whether employers must treat travel time as hours worked, for which they must pay minimum wage or more and which count towards overtime. ... (Continue reading)

Non-Decision-Maker Bias & Discrimination Liability Under “Cat’s Paw” Theory in Supreme Court’s Staub v. Proctor Hospital Decision. Part I — The Decision.

Written on 1 Mar, 2011 at 21:05

By Beth Hanson, with George Lenard In Staub v. Proctor Hospital, a long awaited decision on the so-called “ cat’s paw ” theory of discrimination, the Supreme Court ruled in favor of a fired employee, deciding when “an employer may... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part II, Assessing Thompson Decision’s Significance

Written on 11 Feb, 2011 at 11:55

This week, we analyze the Supreme Court's third-party retaliation decision in Thompson and its ramifications. With perspectives from legal professionals, including this Blawg's Owner George Lenard, we assess views of the Supreme Court, third-party retaliation claims, and... (Continue reading)

Supreme Court Upholds Claim Alleging Employer Fired Man in Retaliation for Fiancée’s EEOC Charge; Avoids Setting “Bright Line” Rule — Part I, the Decision

Written on 31 Jan, 2011 at 5:00

The Supreme Court held that under some circumstances a friend or relative of an employee who complained of discrimination may pursue a claim that they suffered retaliation because of that complaint -- despite not having been the one who made... (Continue reading)

EEOC Getting Tough On Employer Use of Credit Reports

Written on 21 Dec, 2010 at 16:02

EEOC Files Disparate Impact Lawsuit Based on Use of Credit Records in Hiring In a press release today, the EEOC (Equal Employment Opportunity Commission) announced the filing of a nationwide hiring discrimination lawsuit against Kaplan Higher Education Corp. The EEOC... (Continue reading)

How Employers Can Minimize the Risk of Family Responsibilities Discrimination (FRD): Developing a Prevention Plan

Written on 12 Oct, 2010 at 18:14

Introducing the WorkLife Law Family Responsibilities Discrimination (FRD) Prevention Plan, a/k/a “How to Minimize Risk Before Your Company, in Legal Trouble, Asks You: ‘How Did We Get Here? What Do We Do Now?’” Here is a useful exercise: Imagine that... (Continue reading)

“The Company You Keep”: Association Discrimination under the ADA

Written on 31 Aug, 2010 at 11:22

Avoiding Discrimination against Employees Who Care for Disabled Family Members Most employers and HR managers understand the discrimination laws in terms of protecting people based on “protected characteristics,” such as race, national origin, religion, gender, age, or disability. A protected... (Continue reading)

A Tale of Two Reference Check Responses — Liability for One, But Not the Other

Written on 10 Feb, 2010 at 6:00

The Lawsuit Alleging Misrepresentations in Responding to Reference Checks In a 2008 federal court of appeals case, two medical employers responded to reference checks for the same anesthesiologist, Dr. Robert Berry. Dr. Berry was then hired by the inquiring hospital,... (Continue reading)

Ricci v. DeStefano, a/k/a The New Haven Firefighters’ Case, Part I:
The Basics: the Facts and Holding of the Ricci case

Written on 6 Jul, 2009 at 15:41

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,... (Continue reading)

Green Jobs: What They Are and Where to Look for Them, Part II

Written on 17 Jun, 2009 at 5:00

This is a guest post by Alexia Vernon, a leadership and career speaker, certified coach, trainer, and writer with an expertise in social enterprise and millennials. As discussed in Part I of this green jobs series, “a green job is... (Continue reading)

Expensive Trade Secret Protection Lesson for Employer — $17.5 Million Verdict in Lawsuit Over Employee’s Hard Drive

Written on 20 Apr, 2009 at 5:00

Trade Secret Protection Efforts Land Company in Losing Lawsuit Earlier this month, after a seven-week trial, a California jury awarded $17.5 million to a former employee in his lawsuit against his former employer for breaking into a laptop owned by... (Continue reading)

The Employee Free Choice Act: The Debate Heats Up

Written on 16 Mar, 2009 at 5:00

Just What Is The Employee Free Choice Act, and Why Are So Many People Excited About It? President Obama supports the Employee Free Choice Act (“EFCA”). Home Depot co-founder Bernard Marcus called it, “A hostile takeover of American business,” and... (Continue reading)

House Widely Approves ADA Amendments, But What Difference Will They Make If They Become Law?

Written on 22 Jul, 2008 at 16:29

On June 25, the House of Representatives passed an act amending the Americans With Disability Act ("ADA"). As compromise legislation approved by important business groups who had opposed a previous version, it stands a good chance of becoming law.... (Continue reading)