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5th Circuit Throws Down on Use of AI

The U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) brought the hammer down on February 18 in an opinion written by Chief Judge Elrod. Glad I was not the nail. Show-cause order issued What is a show-cause order? It’s an order issued by a court to a lawyer essentially saying, […]

Disabled Workers: New Ruling Highlights Key Differences Between ADA And California Law

Although the disability provisions of the California Fair Employment and Housing Act (FEHA) were modeled after the Americans with Disabilities Act (ADA), the two laws have some key differences—and the California rules provide greater protection for disabled employees. We’ll tell you about a new ruling from a federal court in San Francisco that focuses on […]

HIPAA

HIPAA Experts Highlight Recent ‘Spike’ in Enforcement

A recent surge in monetary Health Insurance Portability and Accountability Act (HIPAA) settlements is altering the compliance landscape at a time when new technical and legal challenges also are coming into play, practitioners and regulators told a recent conference.

Employee Lawsuits: Older “Unemployable” Worker Receives $603,000 For Future Lost Wages; Why You Need To Use More Caution When Older Workers Complain

As the baby boom generation enters its 40s and 50s, the number of workers protected under age discrimination laws continues to skyrocket. And while you’re probably aware of the most common legal issues involving older employees – such as discrimination and mandatory retirement – one recent ruling points out an unexpected and potentially expensive threat. […]

Bagel, Anyone? HR Pro’s Tips to Improve Employee Engagement (Video)

Andrew Botwin explains that “engagement” at Rothstein Kass means employees getting involved. The national accounting firm uses feedback from employee focus groups to make changes that employees can see. He also recommends adding a social element to official functions to keep employees engaged. That can be something as simple as bagels at a morning meeting […]

An I-9 Checklist

When the government cracks down, as it has been doing over I-9 and immigration procedures, it’s vital to ensure that your processes are correct. This checklist can help. Yesterday’s Daily Advisor reported on government efforts to curtail illegal immigration by eliminating the principal lure that brings these immigrants here … jobs that, even for the […]

Will Gender, National Origin Make a Difference in Sotomayor’s Jurisprudence? – Part 2

by James M. Sconzo and James C. Goodfellow Last week, we disussed the overall makeup of the U.S. Supreme Court and the personal background of the High Court’s newest nominee, Sonia Sotomayor. We also looked at Judge Sotomayor’s decision in the discrimination case filed by New Haven, Connecticut, firefighters which was recently overturned by the […]

Employers Jailed for Failing to Pay Back Wages

Ever wonder just how far government agencies will go to punish employers who don’t pay back wages? As the owners of Southern California Maid Services and Carpet Cleaning Inc. found out recently, the U.S. Department of Labor (DOL) is prepared to take misbehaving employers all the way to the jail house to enforce back wage […]

Next Million-Dollar Wage and Hour Lawsuit—Yours?

Just about every day, it seems DOL wins or settles another expensive lawsuit based on the "simple" laws of wage and hour. Today’s Advisor features beyond-the-basics questions that are often asked of the BLR® experts. Q. Can we give an extra week of vacation to cover any overtime? A. Providing vacation rather than overtime is […]