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SCOTUS Case that Changed the Rules This change in the rules of retaliation was the result of a landmark Supreme Court case, Burlington Northern and Santa Fe Railway Co v. White 126 S. CT. 2405 (2006), says Cotham. Here’s her outline of the famous case: Ms. White drove a forklift for Burlington, the railroad company. […]
This morning, the U.S. Supreme Court upheld the Affordable Care Act (ACA) individual mandate provision. The individual mandate provision requires most Americans to obtain health insurance by 2014 or pay a penalty.
Legality of Accessing Personal Devices Your company can manage the risks associated with BYOD by adopting policies and agreements that fit your risk tolerance, trust assessment, and regulatory context, says Chapman, who is an associate with DiMuroGinsberg in Alexandria, Virginia and a contributor to Virginia Employment Law Letter. However, she adds, the only way to […]
As the U.S. Supreme Court decides the fate of health reform, America is getting the chance to try the law on for size while waiting for the people in the robes to say how much of it will remain in effect. Some employers are probably soft-pedaling implementation – they don’t like the law much anyway, […]
Retaliation is now the leading basis for charges against employers, and it remains the stupidest of all charges. Stupid because most retaliation charges can be avoided if managers and supervisors just think before they act.
Oswald, who is CEO of BLR, offered his thoughts on collaboration and control in a recent edition of The Oswald Letter. The definition of control is, “the power to influence or direct people’s behavior or the course of events.” Think about those words for a minute. Let’s start with the first four words of the […]
Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]
If the individual mandate under health care reform is struck down, it will render the employer mandate meaningless, the American Benefits Council (ABC) argues in an amicus brief to the U.S. Supreme Court. ABC does not argue about the constitutionality of the individual mandate; instead it says that it is non-severable from the law’s insurance […]
Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to be carefully drafted and managed say the attorneys. If they are not, employees probably can keep the money and still sue you. Anderson, a member of Miller & Martin PLLC in Nashville, Tennessee, and Maxwell, […]
There’s good news (sort of) and bad news for employers in the outlook for 2012, say attorneys from the Employers Counsel Network. They covered new developments in wage/hour compliance during a presentation at BLR’s Advanced Employment Issues Symposium, held recently in Nashville and Las Vegas.