Category: News

The world of human resources is constantly changing. In this topic we present relevant HR related news.

Supreme Court Recognizes 2 New Retaliation Claims

The U.S. Supreme Court has ruled in separate decisions that retaliation is prohibited under two federal discrimination statutes that don’t clearly say so — 42 U.S.C. § 1981 and the federal-sector provisions of the Age Discrimination in Employment Act (ADEA). CBOCS West, Inc. v. Humphries In the first case, a Cracker Barrel assistant manager sued […]

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High Court Defines ‘Charge’ in Age Discrimination

The U.S. Supreme Court has ruled on the definition of a “charge” of age discrimination under the Age Discrimination in Employment Act (ADEA). Under the ADEA, an employee is required to file a “charge” with the U.S. Equal Employment Opportunity Commission (EEOC) before the dispute is escalated to court. But the term “charge” is not […]

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Proposed FMLA Regs Shed Light on New Leave Requirements for Military Families

Update: New FMLA regs issued by DOL on November 14, 2008 When Congress amended the Family and Medical Leave Act (FMLA) to grant additional leave entitlements to certain employees with family members in the military, its heart was in the right place. After all, who can argue against that type of leave? Unfortunately for employers, […]

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Supreme Court Rules on ‘Me Too’ Evidence

The U.S. Supreme Court has completed its review of a key Kansas age discrimination case, settling a split between federal courts on the admissibility of “me too” evidence. “Me too” evidence is testimony by non-parties that alleges discrimination at the hands of persons who played no part in the challenged employment decision. In the present […]

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Supreme Court Expands ERISA Remedies

In a case that could have far-reaching consequences for employers and employees alike, the U.S. Supreme Court ruled on Wednesday, February 20, 2008, that the Employee Retirement Income Security Act (ERISA) allows an employee to sue his employer because of a fiduciary breach that resulted in individual losses to his 401(k) plan. James LaRue says […]

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DOL Issues Long-Awaited Proposed FMLA Regs

After many years of promising changes to the Family and Medical Leave Act (FMLA) regulations, the U.S. Department of Labor (DOL) last week issued new proposed regulations in an attempt to address some of the most common criticisms employers have about the previously issued final FMLA regulations. (You can view the proposed regulations at www.HRhero.com/fmla_update.pdf.) […]

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When Must Employers Comply with New FMLA Leave Requirements?

Update: New FMLA regulations issued by DOL on November 14, 2008 The recently enacted military family leave grants two new types of Family and Medical Leave Act (FMLA) leave to the relatives of military personnel. In short, the law requires employers to provide: 12 weeks of leave to employees who have a spouse, parent, or […]

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Employers Can Restrict Union Use of Company E-mail

The National Labor Relations Board (NLRB) has ruled that employers can prohibit employees from using company e-mail to send union-related messages while allowing some personal use of e-mail. In a 3-2 decision dated December 16 but released December 21, the NLRB majority ruled that the e-mail policy of Eugene, Oregon, newspaper The Register-Guard wasn’t a […]

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Supreme Court Hands Down Retaliation Decision

by Peter Panken On June 22, the U.S. Supreme Court decided an employment retaliation case in which it held that any action by an employer against an employee, applicant, or even a former employee constitutes unlawful retaliation if the action would deter a reasonable employee from filing a discrimination charge against an employer. Retaliation cases […]

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U.S. Supreme Court Scrutinizes Racial Bias Ruling

After several years of employees being required to meet a very high standard to have their cases heard by a jury, that may be changing in the long term. The U.S. Supreme Court recently cautioned federal judges to be careful in the rules of evidence and legal standards for employment discrimination. The Court’s opinion offers […]

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