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News Notes: Employers Not Liable For Union’s Inadequate Notice

Nonunion public school teachers are required to pay “fair share” union fees in return for benefits they receive from collective bargaining. In return, the union must give these teachers a written explanation concerning the basis for the fee. Eight nonunion teachers who did not receive an adequate fee notice sued school district superintendents, claiming that […]

Timing of Backaches Justifies Firing, Negates FLMA and ADA Claims

Some people complain about “rheumatism,” backaches and other physical ills when the weather shifts. For a Southwest Airlines employee, his backaches — and resulting requests for Family and Medical Act (FMLA) leave — seemed to follow the same shift as holidays and vacation time. Southwest determined that this was not the whim of nature but […]

Wage and Hour: Retail Giant Socked with Another Unpaid Overtime Verdict; How to Sidestep Similar Problems

Just two years ago, Wal-Mart reportedly shelled out $50 million to settle a dispute with Colorado employees who claimed they were forced to work off-the-clock. Now the retail giant is embroiled in a string of 30 lawsuits across the country brought by employees who charge that managers required them, too, to work unpaid overtime. In […]

Sexual Harassment: Favoritism Toward Paramours Doesn’t Support Discrimination Lawsuit by Other Female Workers

An employee discovers her boss is having a sexual relationship with a co-worker. Then, when the co-worker gets favorable treatment, including questionable promotions, the employee comes after you, charging that the boss’s favoritism amounted to sex discrimination and created a hostile work environment. Open-and-shut case for the employee? Maybe not, according to a new decision.

OSHA Administrator, Employers Group Spar Over Proposed Changes to OSH Act

A proposal to increase Occupational Safety and Health Act (OSH Act) penalties now being considered by Congress will not result in any actual improvements in workplace safety and health, a representative of a coalition of employer groups testified on Tuesday, July 13, before the U.S. House of Representatives’ Committee on Education and Labor. Jonathan Snare […]

The Amazon Example: Can AI Discriminate?

Instinctively, it would seem that using a machine, data, or artificial intelligence (AI) to review job applicants would create a process that is fairer by default.

Vote for Your Favorite Law Blog

The American Bar Association (ABA) Journal is once again holding an election to pick the most popular law blogs — blawgs — in the land. And the nominees include four by members of the Employers Counsel Network (ECN), a group of law firms in all 50 states, Washington, D.C., and Canada that advise and represent […]

It Can Pay to Challenge Assumptions

By J. Robert Brame Social critics routinely criticize Western culture as being racist, sexist, xenophobic, and more recently, ageist and “lookist,” the latter being the widely asserted preference within our society for the more attractive over the less attractive, especially regarding women. Some of these “problems,” including racism, xenophobia, and ageism, have been enshrined in […]