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EEOC Reaches Record ADA Settlement with Sears

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 […]

Imus in the Mourning

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 […]

E-Verify Redesign Coming Soon

Big changes are coming to E-Verify that will enhance its usability, security, accuracy, and efficiency. The newly redesigned E-Verify features a clean and modern design, easy and intuitive navigation, and clear and simple language. Additionally, a new home page, improved case management, and a streamlined tutorial are among the dozens of improvements coming to the […]

Supreme Court addresses, upholds state bans on affirmative action

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 […]

EEOC Files First ADA Lawsuit Against Employee Wellness Program

The first direct federal challenge to an employee wellness program’s legality under the Americans with Disabilities Act was filed Aug. 20 by the U.S. Equal Employment Opportunity Commission. The employer’s program did not qualify as “voluntary” under the ADA because the one employee who refused to participate was forced to bear the entire cost of […]

Québec Contractors Can’t Have Their Cake and Eat It Too

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 […]

U.S. Supreme Court rules drug reps are exempt as “outside salesmen”

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 […]

The 7 Paycheck Failures that DOL Targets Most

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 […]

Up to 88 Hours per Week Without the Paycheck to Prove It

A broadcasting company is in hot water after allegedly failing to pay certain employees minimum wage and proper overtime, according to a U.S. Department of Labor (DOL) press release. The DOL has filed a lawsuit against the company and its owner, alleging that six employees are due $79,445 in unpaid overtime and minimum wages, plus […]

Workplace Security: FBI Offers Tips on Protecting Your Workplace

The Federal Bureau of Investigation and the Department of Homeland Security have launched a campaign to help protect workplaces from physical and cyber threats. At the heart of the campaign is a series of posters and a brochure designed to raise awareness and help prevent crime and terrorism in and around the workplace, from robberies […]