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Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]

Defusing Anger and Threats of Violence

In yesterday’s Advisor, Dennis A. Davis, Ph.D., talked about dealing with workplace conflict. Today, we’ll get his take on reacting to anger and violence, and we’ll get a look at a unique program for the small—even one-person—HR department. Sometimes people think anger leads to violence, so they won’t let an angry person talk. But it’s […]

Defense of wage discrimination claims for the present and beyond

by Jason R. Mau Over the last three years, members of Congress have attempted to amend the Equal Pay Act (EPA) to improve and ensure its protection of individuals subject to pay discrimination on the basis of gender. Originally approved in January 2009 by the House of Representatives, the Paycheck Fairness Act (PFA) failed to […]

Thompson’s Top HR Stories of 2015

The start of a new year offers the opportunity to take stock, and to plan ahead. It’s anyone’s guess what 2016 will hold for human resources professionals, but looking back at the stories that drew the most interest from our reader community provides some useful insights on what to watch for in the new year. […]

Job Posting

Alas, repeats. My able colleague, Jaclyn West, wrote about this week’s episode — The Chump — in her excellent post of May 14. But fear not. There is big news this week that demands its own post. NBC has confirmed that Steve Carell will leave The Office when his contract expires in 2011. Michael Scott’s seven-year reign as Scranton […]

Employee Exemptions: Appeals Court Limits the Administrative Exemption

The federal Fair Labor Standards Act (FLSA) and California law exempt certain administrative employees from overtime; the requirements for the administrative exemption under California law are stricter than the FLSA. To qualify for this exemption in California, an employee must: 1) earn a salary equal to at least twice the state minimum wage; 2) perform […]

What to Do When Your Diversity Dinosaur Is Your Top Producer

Last issue we talked about Imus, Dog, and supervisors who are “diversity dinosaurs.” But how about the case where your dinosaur is also your best producer? Here’s help from a program that can keep the productivity, while losing the negative attitudes. Initially, it sounds like a difficult choice—your rules on discrimination and harassment or your […]

News Notes: Federal Employees Discouraged From Using Cell Phones While Driving

The U.S. General Services Administration has asked federal agencies to discourage employees from using handheld wireless phones while driving government vehicles. Citing pending legislation around the nation to regulate the use of cell phones while driving, the GSA stated that the government should assume a leadership role in promoting cell phone safety by its employees. […]

Sexual Harassment: High Court Clarifies Law on Constructive Discharge in Harassment Cases; Lawsuit Prevention Strategies

The U.S. Supreme Court has ruled that a constructive discharge—in which the work environment becomes so intolerable that an employee is forced to quit—can amount to an adverse employment action in a hostile environment sexual harassment case. And, depending on the circumstances, you could be held automatically liable in this situation if the harasser is […]

New circuit ruling complicates same-sex marriage issue

The issue of how employers should handle same-sex marriage got a bit murkier November 6 as a divided appeals court panel broke with rulings from four other U.S. circuit courts of appeals by upholding state bans on same-sex marriage. A three-judge panel from the 6th U.S. Circuit Court of Appeals issued the 2-1 decision, which […]