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Whistleblowers: Employer Ordered To Pay $1.3 Million For Retaliating Against Complaining Worker; How To Prevent Whistleblower Lawsuits

Margaret Gardenhire was an eligibility interviewer for the Housing Authority of Los Angeles. She received outstanding performance ratings and promotions, and had even been named employee of the year. But after Gardenhire reported suspected illegal activity by a Housing Authority consultant, her performance rating plummeted and her boss threatened to fire her. She sued, and […]

U.S. Supreme Court Building

Supreme Court Upholds Healthcare Reform Law

By Jessica Webb-Ayer The wait is over: The U.S. Supreme Court has decided that the massive healthcare reform law (also known as the Affordable Care Act, or ACA) enacted in March 2010 is constitutional. So what happened, and what does this mean for employers? Read the Supreme Court’s decision on Health Care Reform The most […]

Applicants with Disabilities—What are Their Prospects at Your Organization?

Individuals with physical and mental disabilities are often overlooked when it comes to hiring. Even though there are federal and state laws in place to protect people with disabilities, it can be challenging for these individuals to find employment, even in the absence of overt discrimination, due to a number of factors. Recent historical trends […]

5th Circuit: Mandatory Wellness Programs Are Compatible with GINA

By Martin J. Regimbal, JD The U.S. 5th Circuit Court of Appeals—which covers Texas, Louisiana and Mississippi–recently addressed the interplay between the Genetic Information Nondiscrimination Act (GINA) and mandatory wellness programs. The court considered an employee’s discrimination and retaliation claims and reached a commonsense conclusion regarding the lawfulness of mandatory wellness programs.

House Passes COBRA Subsidy Extension and Expansion

Update Dec. 21, 2009: President signs bill including COBRA subsidy extension By John Hickman and Ashley Gillihan The House voted 395-34 today to pass the COBRA subsidy extension and expansion as part of the House Amendment to the Senate Amendment to H.R. 3326 — Department of Defense Appropriations Act, 2010. The text can be found as Section […]

Stupid Money for Stupid Acts (Retaliation)

Special from Atlanta—SHRM Annual Conference and Exhibition Retaliation means the employer is paying stupid money for stupid acts, says attorney Dana Cotham. Unfortunately, it doesn’t take much these days to rise to the level of retaliation. Here’s what happened with retaliation as the result of a 2006 Supreme Court decision, says Cotham: BEFORE 2006 (before […]

South Dakota: Incumbent Rides Pelosi Coattails Out of Job

by Jane Pfeifle, Lynn, Jackson, Shultz & Lebrun, P.C. South Dakota voters overwhelmingly supported Republican candidates as they swept to victory in all of the state constitutional office races, including the governor’s race. On a national level, Blue Dog Democratic candidate Stephanie Herseth Sandlin lost her third-term bid for the state’s lone seat in the […]

Pre-employ.com welcomes Phillip A. Smith as new company President

For more than 15 years, Pre-employ.com has been an established leader of the background screening industry: This month, the company welcomes Phillip A Smith—an accomplished professional with extensive industry experience—to the role of President. “I am looking forward to joining the Pre-employ.com team and to working with its outstanding group of professionals,” said Smith. “This […]

Quebec Court of Appeal: People (not workplace policies) harass people

by Alexis Charpentier Workplace harassment is a complicated and evolving area of the law. The lines between an employer’s right to manage its employees and harassment are often blurred. Fortunately, the Court of Appeal of Québec has provided some clarity in a recent decision in Syndicat des travailleurs de l’aluminium d’Alma, local 9490 (Syndicat des […]

Anticipate great success at work in 2016

by Dan Oswald The opening line of Carly Simon’s 1971 song Anticipation is “We can never know about the days to come, but we think about them anyway.” As I write this, it’s the first day back at work in the new year, and anticipation sums up the way I feel today. Webster’s defines anticipation […]