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Workplace Harassment: State High Court Approves Ban On Insulting Speech At Work; Will The Courts Start Managing Your Workplace?

When a group of Latino Avis Rent-A-Car employees at the San Francisco International Airport filed a harassment lawsuit charging a manager with using derogatory racial epithets, they were awarded more than $100,000 in damages. But the workers didn’t stop there. They also convinced the court to issue an order barring the manager from making offensive […]

Health Insurance: HIPAA Privacy Notice Reminder for Small Health Plans

Under the privacy rule of the Health Insurance Portability and Accountability Act (HIPAA), group health plans must remind participants every three years that a privacy rights notice is available on request. For small health plans (those with $5 million or less in annual receipts), the three-year anniversary date is April 14, 2007. The anniversary date […]

E-Alert Item: Exempt Employees: Government Proposes New Rules for Determining Who’s Exempt from Overtime

For the first time in over 25 years, the U.S. Department of Labor has issued proposed rules overhauling the system for determining which employees are exempt from overtime under the federal Fair Labor Standards Act. The proposed rules change the types of job duties workers must perform to qualify for exemption from overtime as well […]

News Notes: Cop’s Sexually Explicit Videos On Internet Amounted To Protected Speech

San Diego police officer John Roe claimed his free speech rights were violated when he was fired for selling sexually explicit videos of himself on the Internet. The Ninth Circuit explained that a public employee’s speech is protected and cannot be abridged without good cause when it touches on a matter of “public concern” rather […]

Pig Farm Worker Loses Job and Retaliation Claim

A Midwestern farm company that fired a manager on the day he was due to return from FMLA leave has withstood the ex-employee’s allegations of FMLA retaliation and interference in a 6th U.S. Circuit Court of Appeals ruling affirming a district court decision. The case is Winterhalter v. Dykhuis Farms, Inc., No. 11-1743 (July 23, […]