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The Lilly Ledbetter Fair Pay Act of 2009 changed the scope of claims for pay discrimination, stating that each additional paycheck issued under a discriminatory pay decision constitutes a new act of discrimination, which then resets the clock on the limited time during which employees may file suit. In a unanimous decision issued Monday, the […]
A multibillion-dollar corporation that hired a private investigator to combat excessive employee absenteeism and suspected FMLA abuse withstood an interference and retaliation claim by a fired factory worker in a case brought before the 7th U.S. Circuit Court of Appeals. The case is Scruggs v. Carrier Corp., No. 11-3420 (Aug. 3, 2012). Daryl Scruggs, who […]
By Donovan Plomp McCarthy Tetrault Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway. That’s exactly what Douglas L. Titus did to his former employer — and he won at the trial level. […]
The following is a list of the bestselling paperback business books as ranked by the New York Times on July 20. 1. The Tipping Point: How Little Things Can Make a Big Difference by Malcolm Gladwell. How and why certain products and ideas become fads. 2. The 7 Habits of Highly Effective People by Stephen […]
Governor Wilson recently approved two laws, one of which will make it easier for smaller employers to offer health benefits to part-time workers, and the other which changes the unemployment insurance rules to allow benefits to employees who are victims of domestic violence. Both measures take effect on January 1, 1999. Here are the key […]
When an employee complains that a supervisor or co-worker is harassing or bullying them, or engaging in discriminatory or other illegal conduct, an investigation is often required to resolve the matter. However, few managers are trained in how to conduct them.
Two indicators of U.S. corporate pension health topped 90-percent funding ratios for September, a significant sign of improvement in the vitality of defined benefit plans. Mercer’s S&P 1500 Indicator Rises Funding levels of DB plans sponsored by Standard & Poor’s 1500 companies monitored monthly by human resources consultant Mercer improved in the latest month, reaching […]
As many employers who’ve been sued know, even if you winan employee lawsuit, you still lose because the cost of defense is so high. For example, in a recent case Mark Gordon, a Chico police officer, sued the city of Chico for sexual orientation discrimination. After the case resulted in a mistrial, Gordon dropped his […]
What’s one of the killer problems with defending wrongful termination lawsuits? When “the story” about why the person was fired is inconsistent. That is, when HR, the manager, and the documentation don’t agree. For example, here’s what happens: The employee’s performance is poor enough that he or she has to be fired. But the supervisor […]