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Supreme Court Recognizes 2 New Retaliation Claims

The U.S. Supreme Court has ruled in separate decisions that retaliation is prohibited under two federal discrimination statutes that don’t clearly say so — 42 U.S.C. § 1981 and the federal-sector provisions of the Age Discrimination in Employment Act (ADEA). CBOCS West, Inc. v. Humphries In the first case, a Cracker Barrel assistant manager sued […]

Workers’ Compensation: No Benefits Available For Psychiatric Injury Stemming From Demotion; Why It’s Critical To Make Personnel Decisions In Good Faith

As layoffs occur nationwide, employers are grappling with how to calm employees’ nerves. But giving an employee false reassurances about job security only to later demote or lay off the person could lead to a costly workers’ compensation claim for stress. A new California Court of Appeal ruling illustrates that acting in good faith shields […]

Military needs more than a few good men

by Mark Schickman Let’s turn the clock back 50 years to the days before Title VII of the Civil Rights Act of 1964. Sex discrimination was a constant, and sexual harassment was so prevalent that it wasn’t yet a term of art. The notion that a woman had the right to a workplace free from […]

Train Supervisors and Managers in the 10 Areas Most Likely to Attract Lawsuits

A single BLR PowerPoint® program includes 10 separate presentations in the areas most likely to cause legal troubles. If yesterday’s article offering a “termination primer” said anything, it pointed out the importance of training managers and supervisors in how much classic principles like “employment at will” have been modified by a society in which “sue […]

Federal contractors advised to get ready for new paid sick leave order

President Barack Obama’s latest Executive Order affecting federal contractors isn’t scheduled to take effect for more than a year, but employers with federal contracts are advised to take a look at their sick leave policies now to make sure they will be in compliance when the time comes. On September 7, Obama signed an Executive […]

onboarding

Many Businesses Overlook Onboarding for Freelancers

We’ve been hearing about the tight labor market for some time now. With unemployment at historic lows, we’ve talked a lot about how hard it can be for companies to attract and retain top talent—it’s a seller’s market when it comes to labor.

Your HR Department 2008 Survey Results

Many thanks to everyone for taking this month’s survey twice. Your answers were very interesting, especially on the essay question about the most difficult thing your HR department has had to do this year. Many of you have had to deal with layoffs, finding good employees to hire, the rising cost of health care, and […]

Severance

EEOC challenges traditional severance agreements in untraditional way

by Burton J. Fishman The Equal Employment Opportunity Commission (EEOC) has taken a bold step to challenge standard and accepted provisions in severance agreements in a recent suit, Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., CA no. 14-cv-863 (N.D. Ill., 2014). There are two particularly important elements in this suit.  The first is that […]

New York law on unemployment taxes takes effect January 1

by Colin Leonard and James Rooney A new law going into effect on January 1, 2014, will increase New York employers’ contributions to the state’s unemployment compensation program. Earlier this year, legislation was enacted in response to the insolvency of the Unemployment Insurance Trust Fund and the state’s need to repay $3.5 billion borrowed from […]