Tag: retaliation

Keep your eyes on these labor and employment Supreme Court cases

by Judith E. Kramer The first Monday in October (October 5) marked the beginning of the U.S. Supreme Court’s new term. While during the course of the 2015-2016 term the Court could agree to hear additional cases, these are the labor and employment cases currently on the docket, as well as a case involving affirmative […]

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NLRB puts employees on the spot

by Burton J. Fishman In a ruling that could make workplace investigations at unionized facilities all but impossible, the National Labor Relations Board (NLRB) reversed a 37-year-old precedent that protected employees from retaliation.    Under the prior Anheuser-Busch standard, employers did not have to hand over witness statements, particularly from employees, to unions in discipline cases. […]

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Oil Company Settles EEOC Retaliation Suit for Firing Only Female Roustabout

A Texas oil field construction and services company will pay $30,000 to settle an EEOC retaliation lawsuit after the company fired its only female roustabout, Elma Garza, after she reported being sexually harassed on the job. Garza was hired by the company in January 2012 as a dump truck driver, and spent most of her […]

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Anatomy of an employment lawsuit: best HR practices to help you win

by Michael J. Modl Imagine you employ Rajesh Tank, an employee of Indian descent, as a regional VP. Other employees report that Tank engaged in unprofessional conduct that hurt team morale, showed favoritism toward certain employees, and pressured employees to hire a particular contractor. You investigate the allegations, find some truth to them, order Tank […]

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Silicon Valley sex discrimination case shows the real win is not getting sued

by Mark I. Schickman For the past month, the most interesting show in San Francisco has been the trial of Ellen Pao’s sexual harassment and sex discrimination case against investment firm Kleiner Perkins. Pao, who engaged in a sexual relationship with a Kleiner Perkins partner early in her career, claims that the firm is a […]

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Legal issues associated with dating in the workplace

by Kylie Crawford TenBrook According to a 2012 Stanford University sociology study, 10 percent of people meet their spouses at work. Coworker dating is common. Unfortunately, not all relationships end well, and when they don’t, employers can face harassment and retaliation claims. Although most businesses have no rules about office relationships, now may be the […]

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OSHA and the NLRB gang up on employers

by Jeffrey A. Gruen The Occupational Safety and Health Administration (OSHA) will now refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA).   Background On March 6, 2014, David Michaels, OSHA’s assistant secretary of […]

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The Trouble with ‘Twibel’: A New Social Media Headache for Employers

You may feel like a twit when it comes to your understanding of Twitter, but it is time to add the word “Twibel” to your company’s vocabulary — and more importantly, to your overall social media strategy, says Porter Wright employment law attorney Sara Jodka. Libel occurs when someone prints a false and malicious statement […]

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Reform Agencies Clarify Cost Sharing and Essential Services

A series of agency Q&As resolves a few questions relating to complying with federal health care reform, such as correctly counting participants’ out-of-pocket expenditures; wellness program reward administration; and the status of “carved-out” benefits. In latest set of Frequently Asked Questions, the U.S. Departments of Labor, Health and Human Services and the Treasury provide some […]

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