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5th Circuit Rejects Discrimination, Hostile Work Environment Claims

A former employee failed to establish she was subjected to a hostile work environment and discriminated and retaliated against by her former employer, the U. S. Court of Appeals for the 5th Circuit (which covers Texas, Louisiana, and Mississippi employers) recently ruled, affirming the district court’s decision. The appellate court’s opinion offers guidance on how […]

What Employers Need to Know About Marijuana Drug Testing in the Age of Legalization

Employers have long relied upon drug testing as the most objective way to determine whether an employee is using drugs in a manner that impacts work.  With the ongoing trend towards legalization of marijuana across the county, the legal environment around drug testing for marijuana has never been more complex.  The Controlled Substances Act (CSA) […]

EEOC Announces Settlement with Winston-Salem Company

When an employer is sued for discrimination and decides to settle the case, the details are confidential. When the Equal Employment Opportunity Commission (EEOC) sues an employer, however, the settlement is very public and includes a press release giving details about the resolution. Recently, the EEOC announced a settlement with a Winston-Salem company in a […]

Diversity

Multigenerational Workforce Drives Innovation, Problem Solving

There are now five generations in the workplace, and while much focus has been on the potential for conflict and miscommunication between generations, a new study reports on some positive impacts of age diversity—increased innovation and problem solving! Among U.S. respondents, 87% said that a multigenerational workforce increases innovation and problem solving.

TPA Faces ERISA Benefits Denial Claim for Improperly Raising COBRA Premium

A third-party administrator that poorly communicated a COBRA premium rate increase ­— which in any case was likely prohibited under COBRA’s rules — is being sued for ERISA benefits denial and state-law promissory estoppel claims. The TPA instituted the premium change but did not provide clear written notice of it as required under plan terms. […]

The Deposition: Michael’s Secrets Revealed!

In “The Deposition” episode of “The Office,” Michael Scott tries to testify against his employer, Dundler Mifflin, after his girlfriend Jan Levinson sues the company for wrongful termination.  While Michael is being deposed, his e-mail, personal diary, and performance reviews are  used. Employment law attorney Troy Foster reminds us that “that nothing at work should […]

No Job Description? No Go for Recruiting

In legally dangerous territory of recruiting, there are a lot of potential mistakes. But the biggest mistake is setting out without a clear picture of what you are looking for. Good Applicants Steer Clear First of all, think from the point of view of the applicants. They are trying to figure out what you are […]

Why Senior Employees Aren’t Retiring

More of the workforce remaining for the long haul can be great for the employer. After all, this means more industry and organizational knowledge is kept in-house, customer relationships are continued, and loyal employees stay on, resulting in better retention rates and fewer vacancies.