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A Case of Mistaken Disability Costs California Employer

By Katharine Essick, JD, Sedgwick LLP A recent California decision provides employers with a useful review of the complex landscape of disability discrimination and identifies a number of signposts for the unwary. The most important lesson from this case, however, is that when an employer evaluates an employee’s disability, the legal consequences of a factual mistake—even an […]

News Note: $5 Million Verdict For Wrongful Demotion Of Female Manager

A 29-year manager with Vons who contended she was wrongfully demoted because of her sex was awarded $5.2 million by an Orange County jury. Lynn Rayburn claimed that Vons appointed a new district manager who said there were “too damn many women in the district” and made other disparaging gender-related remarks. Rayburn had been in […]

Company Officials Do Not Have COBRA Liability as ‘Employers,’ Court Rules

By Gwen Cofield Employers and plan administrators should ensure that adequate procedures are in place so that Consolidated Omnibus Budget Reconciliation Act (COBRA) election notices are sent on a timely basis to qualified beneficiaries. If a third-party administrator (TPA) is used to provide COBRA coverage, an employer’s or plan administrator’s responsibility does not end after […]

EEOC Roundup: Week Ending Nov. 28, 2014

The U.S. Equal Employment Opportunity Commission has settled four cases and filed yet another pregnancy discrimination case. A sheet metal contractor will pay $215,000 to settle a gender discrimination suit, an environmental remediation services contractor settled a class race and gender discrimination suit for $415,000 and a grocery wholesaler and manufacturer agreed to pay $735,000 […]

2013 Holiday Plans Revealed—How Do You Stack Up?

Most employers offer the “standard six” holidays, but after that, it’s quite a mish mash, say respondents to BLR’s Holiday Survey. For example, for 2012, 93 percent of respondents will offer December 25 off; however, only 43.6 percent will offer December 24. The survey, conducted by BLR’s HR Daily Advisor and HR Hero, was conducted […]

Millennials and Leadership

Moving Up Faster According to this report by Development Dimensions International, Aggressive-growth organizations, such as those in the high-tech industry, have a significantly higher proportion of Millennials* (30 percent) in leadership positions than organizations with cautious growth (25 percent) or no to low growth (21 percent). However, organizations that rely on a greater supply of […]

It’s Not Easy Being Green

Litigation Value: Front-row seat for the epic Michael v. Oscar battle of the wits = $0; coffee from the office coffee bar = a shocking $8 per cup;  watching Dwight fail miserably at drinking coffee with his toes = priceless. In this week’s episode, Oscar and Michael battle it out to see who is the […]

Q&A on Doing Business in Canada

Doing business in Canada requires understanding how Canadian employment law differs from US. For example: Are hourly employees in Canada required to be paid overtime after 40 hours of work in a week, just like in the US? Is there paternity leave in Canada? What notice must an employer give an employee before terminating them? […]

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 […]