Month: January 2010

Recession Hard on Black, Hispanic Job Hunters

According to a report released in November by the Bureau of Labor Statistics (BLS), African American and Hispanic workers were hit particularly hard during the first year of the current recession. The report notes that while “the overall labor market conditions deteriorated markedly in 2008 following the onset of the recession in December 2007 . […]

Diversity a Goal for New OPM Deputy Director

Boston-native Christine M. Griffin has taken over the number two spot at the U.S. Office of Personnel Management (OPM). One of her top tasks will be to help OPM Director John Berry increase the diversity of the federal government, which he has called one of his top long-term goals. Before being appointed to the position […]

Employer Shining Beacon During Economic Slump

For the third year, the Wall Street Journal (WSJ) teamed up with Winning Workplaces to create its list of Top Small Workplaces for 2009. As the article notes, when faced with tough economic times, many employers try to cut just about everything that may be considered nonessential, including employee benefits, wellness plans, and other innovative […]

Bahama Breeze Pays $1.26 Million for Race Claim

On December14, 2009, the Equal Employment Opportunity Commission (EEOC) announced a class-action settlement with national restaurant chain Bahama Breeze for $1.26 million and significant remedial relief. The case originated with 37 black workers at the company’s Beachwood, Ohio, location who claimed they were repeatedly harassed because of their race. In the lawsuit, the EEOC charged […]

The 3-Legged Dance of FMLA, PDA, and COBRA

Much has been written about the Bermuda Triangle of Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), but that’s not the only triangle that makes FMLA compliance tricky. Compliance gets even murkier when the ramifications of the Pregnancy Discrimination Act (PDA), ADA, and […]

White House, Organized Labor Reportedly Make Deal on ‘Cadillac’ Tax

The White House reportedly reached a deal with organized labor on Thursday over the controversial “Cadillac” tax found in the U.S. Senate’s health care reform bill. The original provision in the Senate’s Patient Protection and Affordable Care Act (H.R. 3590) creates a tax on employer-sponsored high-end “Cadillac” coverage. Under the original provision, the tax would […]

Custodian Cleans Up After Employer’s Improper Consideration of FMLA Leave

Although employment decisions are often based on one specific incident or reason, such as poor work performance, many decisions stem from several causes. If an employee challenges a termination, a demotion, or another adverse action that was taken for two or more reasons, only one of which is illegal, will the employer be liable? The […]

Tenth Circuit Reaffirms Importance of Handbook Disclaimers

Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]

Actions Speak Louder Than Words

What people do matters a whole lot more than what they say they’ll do. This statement should not surprise anyone. Actions speak louder than words. Then why is it that “smooth talkers” and “big talkers” often bluff and bluster their way though life despite their actions being very different than their rhetoric? People get caught […]