Tag: Employment law

Employer Fears Lead to Discrimination Against Disabled Workers, Agency Charges

Employers need more guidance on their responsibilities under the ADA Amendments Act, according to the National Council on Disability, an independent federal agency. “NCD’s stakeholders consistently list discrimination as one of the primary barriers keeping them out of the workforce,” according to a progress report released by the NCD in October. Because of employers’ fears […]

Sports Agency and Former Employee Take (non) Competition into Courtroom

By Kyla Stott-Jess Hollywood’s portrayal of sports agencies presents a world that is dramatic and cut-throat, with ambitious sports agents competing for the chance to represent talented athletes. A recent court decision in Alberta brought this competitive business into the courtroom when a sports agency squared off against a former employee. It also provides several […]

Attorney Blasts DOL’s ‘Gotcha Approach’ to Workplace Enforcement

The U.S. Department of Labor’s (DOL) Wage and Hour Division’s (WHD) recent enforcement efforts represent a flawed approach that assumes incorrectly that employers are deliberately violating the law, according to David Fortney, cofounder of Fortney & Scott, LLC, in Washington, D.C., who testified before a U. S. House of Representatives subcommittee November 3. Fortney, editor […]

No Doom, No Gloom

Litigation Value: Sabre had better continue socking money away for a settlement with several female employees for their sexual harassment claims against Gabe. First poor Erin, and now “Warehouse Val” has to put up with Gabe’s creepy courtship. Robert may want to ship Gabe back to Tampa before he does any real damage. And Andy’s […]

Importance of Documentation in Employment Disputes

by Gary S. Fealk Discipline and termination are issues for virtually all employers. However, many employers make employment decisions with incomplete knowledge of the events leading to the discipline or termination. Having a system for investigating and documenting workplace incidents helps employers make decisions with better knowledge of the facts. Proper documentation also reduces the […]

No Room for FLSA Abuses at Hilton

A Hilton subsidiary has agreed to pay more than $715,000 in back wages to 2,645 workers in four states. The agreement comes in the wake of a Labor Department investigation into the handling of payment for work done before the start of a shift. Nonpayment of pre-shift work at heart of DOL investigation Hilton “profited […]

That Fevered Night

Litigation Value: Not much on the employment law front. But, for many of our readers in Central Daylight Time (you know who you are), the goings-on during — and especially after — the most recent airing of The Office might have given rise to at least the kernel of an emotional distress claim. Allow this week’s […]

Dangers of Excluding Unemployed When Searching for Workers

By Reggie Gay Employers that need workers often find themselves inundated with applicants — especially in today’s down economy. Some employers have even resorted to limiting the applicant pool to currently employed individuals as a way of dealing with a deluge of resumes. But that can be a legally shaky strategy. Mastering HR Special Reports: […]

Post-Termination Disability Benefits Reduce Severance Pay

By Hadiya Roderique Severance obligations can be costly for Canadian employers since most employees are entitled to notice of termination or substantial pay in lieu of notice. A tricky issue is the impact of post-termination income on the obligations of the terminating employer. Canadian employees are often under the mistaken impression that they have an […]