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Whistleblower Retaliation Burdens of Proof: Murray v. UBS Securities

On May 1, the Supreme Court granted certiorari in Murray v. UBS Securities. Murray is a whistleblower retaliation case brought under the Sarbanes Oxley Act (SOX).  Plaintiff Trevor Murray alleges he was terminated in retaliation for raising concerns to his supervisor about his employer (UBS) committing fraud on shareholders. The jury delivered a $1 million […]

Employee Communications and HR Requires Better, Smarter Data Intelligence—Here’s Why

In today’s modern and digital workplace, it’s becoming increasingly important for HR leaders to have concrete justification around how and why they form their strategies, particularly when it comes to employee communications and engagement. Much like MLB and NBA sports teams that have embraced the sabermetric revolution (think Moneyball), HR teams need to eliminate guesswork […]

Here Comes EEOC 2013—Charges, Investigations, and Claims

Review of Charge Activity, Backlog, and Benefits Provided On November 19, 2012, the EEOC announced the publication of the FY 2012 Performance and Accountability Report. During FY 2012, the Commission again received nearly 100,000 charges, with the past 3 years involving a record number of charges in the Commission’s 47-year history. Since FY 2006, there […]

Crystal Ball—HR Trends and Traps 2014

We had dramatic changes in HR in 2013 and that’s going to continue, says attorney Mark Schickman of Freeland Cooper & Forman LLP in San Francisco. However, he points out, quoting Sir Winston Churchill, “To improve is to change. To be perfect is to change often.” What Are the Big Changes for the 21st Century? […]

Federal Appeals Court Finds Town’s Decision Not to Reappoint Employee on FMLA Leave Lawful

The town of Kingston didn’t violate the Family and Medical Leave Act (FMLA) or state disability discrimination laws when it decided not to reappoint an employee on FMLA leave to her position after her predetermined term expired, the U.S. 1st Circuit Court of Appeals (which covers Massachusetts employers) recently ruled, upholding a lower court’s opinion. […]

BFOQ FTW

YOU are a seasoned HR pro.  YOU understand the difference between Internet slang–omg, imho, lmao–and the Title VII defense of BFOQ.  We must discuss the BFOQ exception–bona fide occupational qualification–in the wake of the Abu Dhabi adventures of actress, singer, and ex-Biebs girl Selena Gomez.  ICYMI (see what I did there?), a picture surfaced of […]

HSA

HSA: Spending or Savings Tool? Depends on Whom You Ask

Is a health savings account (HSA) a savings tool or a tool to pay for today’s rising healthcare costs? It depends on whom you ask. While HSAs were originally introduced to employees as a long-term investment tool that can also be used to pay for eligible medical expenses along the way, employees’ usage of the […]

$1.3M Settlement in COBRA/ARRA Class Action Now Final

On April 23, a federal district court in Alabama gave final approval to a settlement agreement under which an employer and plan administrator will pay $1.3 million to a group of former employees who alleged they never received COBRA election or premium subsidy information after their involuntary termination of employment.  The case is Hornsby v. […]