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The U.S. Supreme Court on Oct. 2 agreed to hear a case that, if overruled, could make 401(k) fee lawsuits by participants in employer-sponsored defined contribution retirement plans much easier. The High Court granted plaintiffs’ petition for writ of certiorari in Tibble v. Edison International, (13-550), a case based on the cost and prudent selection […]
It seems that no matter how many times you remind employees to stop personal use of the Internet, they keep on surfing. Today’s expert has solutions. Internet usage at work is tough one, says Laura E. Innes, a partner at the law firm of Simpson, Garrity & Innes in South San Francisco. But there are […]
Although most organizations are not particularly sophisticated in their investigation policies and procedures, says attorney Michael Soltis, unfortunately, juries have high expectations, especially for bigger organizations. How good must misconduct investigations be? There is, of course, no exact answer, say Michael Soltis and Allison Bogosian, attorneys at the Stamford, Conn. offices of nationwide employment law […]
After forming an ad hoc committee called the “Committee for a Level Playing Field for Union Elections,” three U.S. retailer giants announced an alternative to the controversial Employee Free Choice Act (EFCA). Starbucks Corp., Costco Wholesale Corp., and Whole Foods Market, Inc., outlined six principles they believe represent a compromise between business and labor interests. […]
It takes super nerve to quit a job in these challenging times. But, hey, when you have two jobs, it might seem easier to stand by your principles and resign. That’s what Clark Kent seems to think in the latest issue of DC Comics’ Superman. The Man of Steel is appalled by “how journalism has […]
by Rodney L. Bean Both houses of West Virginia’s legislature have passed a bill that would make West Virginia the nation’s 26th right-to-work state. The bill arrived at Governor Earl Ray Tomblin’s desk on Monday, February 8, and now awaits his signature or veto. After a February 4 debate that lasted almost five hours, the […]
By Shane A. Zahrt, JD, Felhaber Larson An employee claimed she was terminated by her employer for taking time off under the Family and Medical Leave Act (FMLA) to cope with a back injury. Her employer blamed the termination on her unapproved use of vacation days. Read on to see how a federal judge used […]
Oksana Oleszko sued her employer, State Compensation Insurance Fund, for sexual harassment, racial and national-origin discrimination and retaliation. To help prove her claims, Oleszko asked the court to force State Fund to reveal communications between co-workers and unlicensed counselors in its employee assistance program. State Fund balked, saying disclosure would discourage employees from seeking needed […]
A salon in Queens will pay more than $5,000 to a manicurist after allegedly telling a worker she was a “trainee” and not entitled to minimum wage or overtime. The employer also informed the woman she would have to pay a deposit to work at the salon. According to a press statement by New York […]