Author: Jennifer Carsen

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 […]

News Notes: WARN Act Payments Must Include Tips And Vacation Pay

When the Las Vegas Sands Hotel casino closed its doors, it gave workers 45 days’ advance notice, rather than the 60 days required under the federal Worker Adjustment Retraining and Notification (WARN) Act. So the Sands was required to pay workers their wages for the remaining 15-day period. Now the Ninth Circuit Court of Appeals […]

News Notes: Calipers To Charge Employees More For Health Care

California public employees will pay more for doctor visits and prescription drugs in order to hold health care premium increases to 6%, rather than the 15% to 18% hike that had been projected for next year based on HMO bids. The decision by the nation’s largest public pension fund marks a shift toward employees picking […]

News Notes: Bank Agrees To Pay $26 Million For Poor 401(K) Investments

First Union Corp. has agreed to pay a whopping $26 million to current and former employees to settle two lawsuits accusing the bank of forcing workers to invest their 401(k) retirement savings in poorly performing mutual funds. The employees charged that First Union included second-rate investment funds in its in-house 401(k) plan and then used […]

News Notes: Employers Not Strictly Liable For Supervisor Sexual Harassment

When Leslie Kohler sued under California’s Fair Employment and Housing Act claiming that her supervisor at Inter-Tel Technologies sexually harassed her, Inter-Tel said it wasn’t liable because it had taken reasonable steps to prevent harassment and Kohler had unreasonably failed to take advantage of the employer’s corrective opportunities by failing to report the incidents. Kohler […]

Background Checks: Employer Whose Independent Contractor Murdered A Client Ordered To Pay $11.5 Million; Precautions To Take

A recent verdict against an employer that failed to properly screen an ex-convict serves as a serious warning: You need to thoroughly check applicant backgrounds before putting someone to work as an employee or independent contractor. We’ll offer tips to help you prevent the problems one company faced.

Workplace Security: You Can Take Preventive Action Against Unstable Employees Who Pose A Workplace Threat

Managing employees with mental disabilities can be challenging—especially when the workers pose a threat to others’ safety. If you take preemptive action, you can get sued under the Americans with Disabilities Act, but if you don’t, you risk the tragic consequences of a violent incident. Two recent cases provide guidance on how to handle potentially […]

Wrongful Discharge: Employer Must Pay $600,000 For Not Acting When Screaming Boss Made HR Manager’s Job Intolerable

Employers tend to give a lot of leeway to high-level or valuable employees. But if a rogue boss’s behavior goes unchecked—and forces other employees to quit—you may have a lawsuit on your hands. In one recent case, the employer’s failure to rein in a renegade manager turned into a $600,000 mistake.