Employment Law Blog

News, trends and analysis in employment law and HR

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Photo of Melinda Robinson
Apr 20 2017
 

Dodd-Frank anti-retaliation protections apply to workers who blow an internal whistle

A vice president of portfolio management at Digital Realty Trust was fired after reporting to senior management that his supervisor had eliminated internal controls in violation of federal law. The fired worker sued the company under Dodd-Frank, claiming retaliation. This worker’s internal complaint alleging company violations of securities laws triggered federal whistleblower…

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Photo of Jodi Slavik
Apr 18 2017
Q&AHarassment & DiscriminationHiring  

Q&A: Hiring a transgender receptionist

Q: We interviewed an applicant for our receptionist position that was dressed as a woman but looks like a man. My conservative boss doesn’t want to hire her because she might turn off customers. Is this a legitimate reason not to hire her?

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Photo of Jodi Slavik
Apr 18 2017
Q&AHiringPrivacy & ConfidentialityTermination & Resignation  

Q&A: Use caution before telling the truth about former employee

Question: We just got a call from a business that wants to check on a former employee. They faxed a release the former employee signed waiving liability for information we share. Are we safe telling them what a bad employee she was?

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Photo of Karen Davis
Apr 13 2017
Affirmative Action  

OFCCP settles allegations of race, gender, and disability discrimination

Three federal contractors recently signed conciliation agreements with the Office of Federal Contract Compliance Programs (OFCCP) to resolve claims of employment discrimination.

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Photo of Trish Leimbach
Apr 13 2017
Workers’ Comp  

Workers’ comp time loss days reduced by 37%

Time is Money: Vigilant's Workers' Comp Retro Group Reduces Time Loss Days by 37%

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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…

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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…

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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.

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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.

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