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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 […]
Investigators from the California Labor Commissioner’s Office recently issued over $800,000 in fines to businesses in the restaurant industry for numerous labor law violations during a statewide enforcement effort.
At the start of a new year, it’s common to make predictions about trends for the coming months. Predictions are based on emerging trends, sociopolitical and market factors, etc. Given that a new year isn’t usually that different from the previous year, these are often safe predictions.
SHRM’s definition of social networking services and multimedia platforms includes Facebook, LinkedIn, Twitter, YouTube and other video-sharing sites, MySpace, Foursquare, Second Life, and photo-sharing applications. The “Social Media in the Workplace” survey found that 68% of participants have employees who use social media to reach external audiences, such as current customers, potential customers, and potential […]
by John T. Neighbours In 2000, John Sweeney, then-president of the AFL-CIO, declared that unions were going to “organize, organize, organize.” A few years later, a group of unions led by the Service Employees International Union (SEIU) and its president, Andy Stern, split off from the AFL-CIO to form an organization called “Change to Win,” […]
“Artistic” exemption? Is an employee who earns $95,000 preparing PowerPoint® presentations for very high-level financial presentations exempt from overtime under the Fair Labor Standards Act (FLSA) “artistic exemption”? “Probably not,” in the opinion of Attorney Myron Moye, speaking at the BLR® National Employment Law Update running this Monday through Wednesday (October 19-21) in Las Vegas. […]
The Pension Benefit Guaranty Corporation (PBGC) announced new final rules for reportable events, focusing on the minority of plans and sponsors that pose the greatest risk of defaulting on their financial obligations.
In recent years, government agencies and female employees alike have increasingly focused on shattering the corporate glass ceiling. Now, a new California Court of Appeal decision demonstrates that failing to review your promotion practices before a gender-bias complaint surfaces can be an expensive mistake.
By Frederic Parisien Can Canadian employers use information from their employees’ Facebook pages in managing the employment relationship? Not an age-old question, but one debated in recent years. In many provinces, the answer was “yes.” But in other provinces, such as Quebec, some commentators took a more cautious approach. In a recent decision, the appeal […]
In the first HIV case of its kind filed by the EEOC under the Americans with Disabilities Act, an applicant whose job offer was withdrawn after the person tested positive for HIV has agreed to a $90,000 settlement. The applicant signed an employment contract to be an entertainer on a Dolphin Cruise Line ship. But […]