NOTE: On January 15, this post was updated and one correction made (see "Nipped in the bud" and "Jury clobbers Catholic diocese," below).
Happy New Year, everyone! While I've been out for the holidays, the courts and government agencies have stayed busy with employment law matters. Here are the developments that I thought were especially noteworthy:
WAGE AND HOUR
Twenty states raised ...
Oh, you better watch out! A lot of employers have been naughty. I checked the court dockets, and would you believe all of these employment lawsuits filed in the week before Christmas!
Cratchit v. Scrooge & Marley (Madison Co. (London) OH Ct. of Common Pleas). Plaintiff asserts claims against employer under Americans with Disabilities Act, contending he was harassed and ...
You're an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:
Trap No. 5: Capturing all time worked for your non-exempt employees. We get so accustomed to exempt employees who answer emails at all hours and handle business while driving to and from ...
Yeah, yeah - I know it isn't even Thanksgiving yet, but you are planning your holiday party now, and you want answers to your burning questions while you still have time to do something about it.
And, as luck would have it, I presented a webinar on Wednesday with David Weisenfeld of XpertHR on "How to Make Your Workplace Holiday Party Sparkle -- With No Legal Hangovers," and got some great ...
Employers can hope, but that doesn't necessarily mean change.
Tuesday night's Republican rout in the midterm elections was big news, but is it much ado about nothing from an employer's standpoint? Here are a few reasons not to become too giddy (if you were happy about the outcome) or too depressed (if you weren't):
1. Although the GOP will have control of the Senate, it does not have the 60 senators needed to override a presidential veto. So, even though House Speaker John Boehner (R-Ohio) and Sen. Mitch McConnell (R-Ky.), presumably the next Senate majority leader, are saying they'll work to repeal or partially roll back the Affordable Care Act, expect to see an actual vote that is largely symbolic. The President is expected to veto any but the most incremental legislation, and the Republicans won't be able to do anything about it unless they can find six moderate Democrats to join them. Are there any moderate Democrats left after Tuesday?
Guest post by Tommy Eden, a partner in Constangy's Opelika, Alabama, and West Point, Georgia, offices.
In all the hoopla over the Supreme Court’s Hobby Lobby decision last week, it may have been lost that the Court refused to review a circuit court decision compelling arbitration in a collective action under the Fair Labor Standards Act.
All federal courts of appeal to decide the ...
Employers (and their lawyers) worry so much about disgruntled, lazy, poorly performing employees who never show up ("The food here is terrible -- and such small portions!")
But do you ever worry about employees who are too eager to please? If not, you should.
Legend has it that King Henry II of England, angry at his former friend Archbishop Thomas á Becket, vented, "Will no one rid me of ...
I presented a webinar this past Wednesday for the Clear Law Institute on the topic of pregnancy and lactation accommodation. As most of our readers know, many state and local governments are passing laws requiring that pregnant women be reasonably accommodated on the job rather than being forced to take medical leaves of absence until after the baby is born. And we are starting to see some ...
An article by Lauren Weber and Rachel Feintzeig in Tuesday's Wall Street Journal caught a lot of attention -- it was about companies that have made the decision to do without a Human Resources function.
The idea drew some positive response on Twitter:
HR stifles innovation and bogs down businesses with inefficient policies and processes. http://t.co/5cGRIwHaxR— Mike Brice ...
NOTE: Because of the Thanksgiving holiday, there will be no post on Friday. Happy Thanksgiving and happy Chanukkah!
*SARCASM ALERT*
The following is a public service announcement. Only you can prevent your company from having a boring holiday party by following these six steps.
1. Let the wine flow like . . . wine! Alcohol should always be served at company functions. One can never have ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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