Employment Law Blog

News, trends and analysis in employment law and HR

Showing all recent posts

Photo of Karen Davis
Apr 12 2017
Affirmative ActionHarassment & DiscriminationLabor Relations  

Blacklisting rule is gone for good

As expected, President Trump signed a resolution from Congress (H.J. Res. 37) that overturns the U.S. Department of Labor (DOL)’s rules implementing Executive Order 13673, “Fair Pay and Safe Workplaces,” also known as the federal contractor “blacklisting” order. As a result, the rule cannot be enforced. Also, federal agencies are prohibited from ever issuing a substantially…

Read More…
Photo of Karen Davis
Apr 10 2017
Wage and Hour  

DOL gets more time to consider defense of overtime rule

The U.S. Fifth Circuit Court of Appeals has granted a request by the U.S. Department of Labor (DOL) to wait until May 1, 2017, to file a written brief stating its position on a lower federal court’s blocking of the DOL’s overtime rule. As we previously reported, a federal district judge in Texas…

Read More…
Photo of Jodi Slavik
Apr 04 2017
Harassment & DiscriminationTermination & Resignation  

Female supervisor fired for sharing a stale cake will get her day in court

The U.S. Ninth Circuit Court of Appeals recently breathed new life into a lawsuit against WinCo Foods, finding enough evidence to suggest sex discrimination against a long-term female supervisor who was fired for sharing a stale cake with her work crew.

Read More…
Photo of Kandis Sells
Mar 31 2017
Leave Laws  

Employer should have asked for more information before denying FMLA leave

An employee who was denied leave to take care of his seriously ill grandfather can take his federal Family and Medical Leave Act (FMLA) interference claim to trial, thanks to a decision by the U.S. Second Circuit Court of Appeals. The employer, a credit union, denied the employee’s request for leave because the FMLA doesn’t cover leave to care for a grandparent. That’s mostly true, but the FMLA has a very broad definition of “parent,” which includes a person who stands in loco parentis (in the shoes of a parent) with the employee.

Read More…
Photo of Trish Leimbach
Mar 30 2017
Workers’ Comp  

$200k-claim cost avoided by Vigilant retro member

It All Adds Up: Vigilant Saves Lumber Manufacturer More Than $200K in Workers’ Comp Claim

Read More…
Mar 29 2017
Harassment & DiscriminationTermination & Resignation

Okay to terminate manager for violating behavioral contract

A California Court of Appeals recently upheld an employer’s decision to terminate a senior manager for violating his behavioral contract. The manager had engaged in an affair with a non-management employee. After the relationship ended, the manager obsessively contacted the employee via text messages, calls, and visits to her house and neighborhood even after the police told him to stop. The employee finally reported her fear of him to company security, which prompted an investigation that confirmed the harassing conduct.

Read More…
Photo of Kandis Sells
Mar 23 2017
DisabilityHarassment & DiscriminationHiringTermination & Resignation  

Accurate job description results in dismissal of worker’s ADA claim

After an employee was terminated from her job as a groundskeeper at a community recreational park, she sued her employer under the Americans with Disabilities Act (ADA). Based primarily on the job duties listed in the employer’s written job description, a federal court agreed that the employee was not able to…

Read More…
Photo of Karen Davis
Mar 23 2017
Affirmative Action  

Watch for heads-up letter from OFCCP

The Office of Federal Contract Compliance Programs (OFCCP) recently sent out 800 corporate scheduling announcement letters (CSALs) to selected federal contractors to let them know that they’re on the list for their affirmative action plan to be randomly audited.

Read More…
Photo of Sean Brown
Mar 07 2017
Q&AImmigration  

Q&A: What to do if ICE contacts your business

Question: Given recent publicity about increased immigration enforcement, what should we do if a representative from Immigration and Customs Enforcement (ICE) makes contact with our business?

Read More…