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Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

Obamacare ruling means little change for employers

In a much-anticipated June 25 ruling, the U.S. Supreme Court handed President Barack Obama a victory on his administration’s signature piece of legislation—the Affordable Care Act (ACA). Although the ruling was crucial to the future of the healthcare law, it basically means business as usual for employers. The Court ruled 6-3 in King v. Burwell […]

Connecticut’s minimum wage will jump to $10.10 per hour in 2017

by Jonathan C. Sterling On March 27, Governor Dannel Malloy signed a law that will increase Connecticut’s minimum wage in each of the next three years. The minimum wage will rise to $10.10 per hour in 2017. You may remember that just last year, a law was passed to increase the minimum wage to $8.70 […]

Hot List: Bestselling Business Books on Amazon.com

Amazon.com updates its list of the bestselling business books every hour. Here is a snapshot of what is hot right now, this Monday morning, October 6, in the “Organizational Behavior” category. 1. The Five Dysfunctions of a Team: A Leadership Fable by Patrick Lencioni. The author targets group behavior in the final entry of his […]

Looking into the crystal ball of immigration reform

by Elaine Young In October, Democrats in the House of Representatives released H.R. 15, their comprehensive immigration reform (CIR) bill. The bill essentially mirrors S. 744, which the Senate passed earlier this year. Meanwhile, House Republicans proposed a series of bills that addresses components of immigration reform (e.g., border security and agricultural and highly skilled […]

Plan’s Network Policy Was Clear Enough to Ward Off ERISA Claims (in spite of poor call center performance)

Rejecting a plan participant’s claims that plan documents should specifically list in-network providers, the 7th U.S. Circuit Court of Appeals held that a plan clearly providing information on how to check for provider status was sufficient to escape benefits-denial and fiduciary-breach claims. In affirming a lower court decision, the court also rejected an argument that […]

Party Time

McCarthy Tetrault Q. When a company holds a social outing for employees and alcohol is served, what are the legal risks? How can potential liability be minimized? A. Parties and other social events provide employers with an opportunity to reward employees and let them interact with coworkers outside of the office. Unfortunately, they also create […]

Stop! 5 Things to Consider Before You Discipline for Social Media

In a special report from the SHRM 2011 Conference, Steve Bruce Reports on the 5 tips to consider before disciplining an employee for social media usage. Attorneys Chad Richter ad Cynthia Sandoval presented why it’s not always easy to comply when technology changes every day and the laws are archaic. The two Jackson-Lewis attorneys (Richter […]

Steps to take toward gender equality

by Dinita James In the mid-1970s, I wore an ERA bracelet in support of ratification of the Equal Rights Amendment (ERA). I also had a button that displayed only two numbers and a symbol ― 62 ¢. The 62 cents signified the then-current national average of women’s earnings for every dollar earned by men. Some […]