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Sexual Harassment: Supreme Court Says Single Crude Remark Didn’t Amount To Harassment; Practical Advice

The U.S. Supreme Court has handed down a new ruling that provides some guidance on when a single remark can amount to sexual harassment. The court also looked at when the timing of a punitive action against a complaining employee does and doesn’t support a retaliation claim. As we’ll explain, the decision suggests that your […]

Employee Lawsuits: Workers’ Comp Release Barred Sexual Harassment Claim; 4 Tips You Can Use

Mary Jefferson, a teacher’s assistant for the California Youth Authority (CYA), said that a CYA teacher and his students regularly used derogatory language when referring to women, such as “bitch,” “whore” and “slut.” Jefferson filed a workers’ compensation claim, contending that she suffered work-related stress from a sexually hostile work environment. Jefferson also filed a […]

Wage And Hour: Employer Takes Big Hit For Not Paying Overtime To On-Call Workers; Practical Pointers

If you use on-call employees, it’s important to understand when you have to pay for their on-call time. In a recent case, an employer failed to properly compensate its on-call workers and was clobbered with a steep bill for two years of back overtime. We’ll provide guidance to help you determine when you must pay […]

Employment At Will: Court Says Supervisor’s Oral Assurances Didn’t Supersede Signed At-Will Agreement; Review Your Policies

During the 12 years Charles Starzynski was a program director for Capital Public Radio Inc. in Sacramento, his supervisor, Paul Corriveau, orally assured him his employment could only be terminated for good cause. Then Starzynski was asked to sign an at-will contract. It stated that his employment was at will and could be terminated at […]

Employee Benefits: Employer Pays More Than $28 Million To Settle Claim That It Improperly Valued ESOP Shares; Precautions To Take

A new threat facing employers is an increase in complex and costly litigation over the handling of employee benefit plans. The potential liability can be substantial, as Occidental Petroleum recently discovered when it agreed to pay $25 million, plus another $3.5 million in attorneys’ fees and expenses, to settle such a dispute. The class action […]

Age Discrimination: Requiring EKG For Older Applicants Deemed Illegal Age Bias; Guidelines For Applicant Exams

Jack Epter, a New York City Transit Authority clerk, applied for a promotion to station supervisor. Because the job was physically demanding, the Transit Authority required applicants to pass a physical exam. Applicants over 40 years old also had to undergo an EKG, something younger applicants had to do only if their physical exam or […]

News Notes: NLRB Ruling Makes It Harder To Withdraw Union Recognition

In an important ruling for unionized employers, the National Labor Relations Board has overturned 50 years of precedent and changed the rules for employers who wish to withdraw recognition of a union that may have lost majority support. Under the old rule, an employer could withdraw recognition based on a good-faith belief that the union […]

News Notes: Federal Discrimation Laws Don’t Cover Sexual Orientation

Medina Rene, a butler at the MGM Grand Hotel in Las Vegas, filed a lawsuit claiming that because of his sexual orientation he endured daily harassment by his male co-workers and supervisor. But the Ninth Circuit Court of Appeals threw out his case, reaffirming a 1979 ruling that discrimination on the basis of sexual orientation […]