Most Popular

Court Multiplies Award, Saying Insurer Profited from Denial

Rather than merely finding that an individual was entitled to benefits due, a federal appeals court ordered an insurer to pay a large monetary award under ERISA based on the equitable theories of unjust enrichment and disgorgement of ill-gotten profits. The 6th U.S. Circuit Court of Appeals held that the insurer used money it should […]

Retaliation: Court Upholds $2.3 Million Verdict for Employee Who Claimed He Was Fired Over Safety Complaints; Tips for Avoiding Problems

You probably know it’s illegal to retaliate against a worker who complains in good faith about an unsafe work condition. But in practice, retaliation problems are not always so clear-cut, and they can sneak up on you. They often arise when an employee with a history of complaining starts griping about something you feel is […]

Disability Charges and Enforcement on the Rise

Since the enactment of the ADA Amendments Act (ADAAA) in 2009, commentators have been predicting a rise in disability claims. Statistics recently released by the Equal Employment Opportunity Commission (EEOC) show that those predictions have come true. In fiscal year 2011, the number of disability discrimination charges filed under the Americans with Disabilities Act (ADA) […]

Wage And Hour: Workers Charge Employer Didn’t Calculate Overtime Correctly; Helpful Pointers

Calculating overtime is usually a straightforward process of multiplying the worker’s regular hourly rate by one and a half. However, a recent Ninth Circuit Court of Appeals case illustrates that the computation is more complex if you pay an employee a flat rate per day. That’s because you need to figure out what the hourly […]

Put These Words into Your Managers’ Mouths

In critical HR discussions with employees, some of your managers will do best working from a script. When it comes to HR-related actions, do your line managers suffer from “wingtip in mouth disease?” You know the symptoms: They over-promise or ask inappropriate or even illegal questions during job interviews. Their performance appraisal meetings with employees […]

Truth or Consequences: Not So Much

Help me out here. Less than 48 hours ago, I wrote about the need for CEOs to earn back the trust of their employees and gave a few suggestions about how they might do that. This morning I turn on the television to find none other than Elliot Spitzer providing commentary on the current state […]

Terminating Employees: Neutral Investigation Helps Defeat Discrimination Charges

Richard King was a valued United Parcel Service (UPS) supervisor in Redding for more than 30 years, until he was fired for falsifying an employee’s timecard. King contended in a lawsuit that the real reason for his termination was disability bias. But now a California appeals court has dismissed King’s suit—and the case is a […]

Supreme Court Revives Pregnancy Accommodation Suit

The U.S. Supreme Court on March 25 vacated and remanded an appeals court ruling that the Pregnancy Discrimination Act does not require employers to accommodate pregnant employees. In Young v. UPS, the 4th Circuit held that UPS did not violate the PDA by limiting light-duty accommodations to employees: (1) injured on the job; (2) disabled as […]