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A systems administrator has been ordered to serve one year in jail for destroying computer files worth $237,550 at Digital Link, a Sunnyvale engineering firm. An Chi Tran quit his job after his supervisor gave him a written reprimand. The company then changed its passwords to block his access to its central computer system. But […]
In yesterday’s Advisor, we got the first five of Combearsation Manager Timothy Tanis’ Top 9 “Compensation Things To Do Now.” Today, the rest, plus an introduction to a time-saving collection of pre-written policies Compbearsation Manager? Tanis is Manager, Compbearsation and HRIS for Build-a-Bear Workshop in Saint Louis, Missouri. His “Top 9” came at the recent […]
The Equal Employment Opportunity Commission (EEOC) recently announced a record-setting settlement resolving a class-action lawsuit against Sears, Roebuck and Co. under the Americans with Disabilities Act (ADA) for $6.2 million and significant remedial relief. The consent decree, approved on September 29, represents the largest ADA settlement in a single lawsuit in EEOC history. The EEOC’s […]
by Mark I. Schickman I’ve received lots of e-mails recently about the major conflict still waging over the recent firing of eight U.S. attorneys. You wrote that the U.S. government, as an employer, should be able to fire any employee, so what was wrong if the Attorney General or the President had them fired? That […]
By Jane Meacham A plan sponsor’s immunity from financial losses that resulted from its shift of retirement plan participants’ investments into qualified default investment alternatives was upheld by the 6th U.S. Circuit Court of Appeals in its decision in Bidwell v. University Medical Center Inc., Case No. 11-5493 (June 29, 2012). Facts of the Case […]
By Richard L. Rainey We often tell clients that not all lawsuits are filed because an employee has evidence of discrimination or believes she was discriminated against. Rather, sometimes they’re filed because the employee thinks she was treated unfairly. That concept is illustrated in a recent case out of Durham. Background Iretha Lawrence, an African […]
By Holly K. Jones In a recent U.S. Supreme Court ruling, the court upheld a controversial ban on the use of affirmative action in public education, employment, and contracts in the state of Michigan. For details on the decision and whether it affects your business, read on. Background In 2003, two U.S. Supreme Court decisions […]
by Marie-Julie Lanctôt For a variety of reasons, more and more employees want to create companies to provide their services as contractors, rather than employees. Such services will often be identical to those that were provided when the individual was an employee. Subject to a tax, employment insurance or Canada Pension Plan audit, that may […]
By Nancy Williams Pharmaceutical representatives who persuade physicians to prescribe specific drugs don’t make any actual sales. They can’t because the products they promote can be sold legally only through a doctor’s prescription to an individual patient. Yet for years, it has been a common industry practice to categorize such employees as outside sales representatives […]
DOL recently settled a case against a major construction company, whose list of legal failures provides a good checklist of infractions every company should strive to avoid. (You’ll also avoid the almost $1 Million fine the company will pay to settle the case.) DOL’s action against Lettire Construction Corp., which was punctuated by the substantial […]