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As more and more companies struggle in this tough economy, many are forced to implement reductions in force (RIFs) and layoffs. Often, RIF decisions lead to litigation if not properly planned. In a recent case, the Sixth U.S. Circuit Court of Appeals held that an employer didn’t discriminate against employees based on gender even though […]
Now that President Barack Obama has been sworn into office many expect to see more new workplace regulations in the upcoming months than at any time in the last two decades. This article discusses of some of the proposed legislation that could affect employers in the areas of civil rights (the Civil Rights Act of […]
by Al Vreeland As with old girlfriends, we don’t always appreciate what we have in life until we don’t have it anymore. Employers have enjoyed pretty smooth sailing for almost a decade now. The feds have imposed relatively few new regulations, the courts have looked at most employment lawsuits with a skeptical eye, and unions […]
by Sarah McAdams For some companies, layoffs will be inevitable. If your company is part of that “some,” of course you’ll do everything you can before conceding that a workforce reduction is the only option. Just make sure that “everything” includes exploring a potential work-life balance solution. That’s right, even in this bleak economy when […]
by Donald D. Berner and Forrest T. Rhodes The election of Barack Obama as the next president, coupled with the Democratic Party’s increased majority in both the U.S. Senate and House of Representatives, is certain to bring changes. The Employee Free Choice Act (EFCA), which President-elect Obama and Democratic congressional leaders vow to pass in […]
by Gary Fealk There has been a push in recent years to provide homosexual, bisexual, and transsexual individuals with protection against discrimination, including discrimination in the workplace. There is even proposed federal legislation, the Employment Non-Discrimination Act (ENDA), on the horizon that may pass in the next session of Congress. Certain states have enacted discrimination […]
The current term of the U.S. Supreme Court provides a reminder that the drafters of the U.S. Constitution deliberately created a tension between continuity of law and responsiveness to changes in the majority’s wishes. We are on the cusp of a complete change in administration, with the likelihood of substantial changes in both statutory regime […]
(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]
by Sarah McAdams The global economic crisis is stressing out employees everywhere. Almost half are worried they’re going to lose their jobs, nearly a third are working more hours and taking less time off, 48 percent said that stress makes it hard for them to perform well on the job, and 25 percent are actively […]
The gloom of our current economic circumstances should inspire everyone to look for ways to cut costs and streamline operations. One place businesses can start might be the administration of their workers’ compensation program, where expenses can rapidly get out of hand if employers aren’t careful. Here’s a brief checklist of things to look for. […]