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News Notes: Court Expands Coverage of Federal Anti-Bias Law

Soo Cheol Kang, a U.S. citizen of Korean national origin, sued his employer, U. Lim America Inc. for national origin discrimination and harassment under Title VII, the federal anti-bias law. The company argued that it wasn’t covered by Title VII because it only had six employees, rather than the statutory minimum of 15 employees. But […]

News Notes: Worker With No Desk And No Duties Can Sue For Age Bias

Although many employers don’t realize it, you can be sued for wrongful termination even if the person quit instead of being fired. That’s because employees can claim they were ‘constructively discharged’ when working conditions become so intolerable that a reasonable person would be compelled to quit. In one recent case, a 56-year-old country club secretary, […]

Is Guidance for Electronic Discovery Clear?

In yesterday’s Advisor, we shared some surprising results from Fulbright & Jaworski’s 7th Annual Litigation Trends Survey. Today, respondents’ views on electronic discovery and HR-related suits, and an introduction to the new training system that helps avoid litigation entirely. [Go here for more survey results and details on the survey.]   Do you think the […]

Which Metro Areas Benefit from Best-Place-to-Live Rankings?

Despite the growing sophistication of telecommunications tools and employers’ increasing willingness to allow employees to work remotely, being located in a desirable location can be a draw for companies looking to attract top talent.

HHS Regs Offer Protection for Health Care Providers’ Moral Beliefs

In a remarkably last-minute fashion, the U.S. Department of Health and Human Services (HHS) has issued final regulations protecting health care providers who withhold medical care based on conflicting moral beliefs. The rule, which covers federally funded health care providers, takes effect January 18, 2009 — the required 30 days after its under-the-wire December 19 […]

Retirement Benefits: Many More Employers Offering 401(k) Plans Exclusively

According to an analysis by benefits consulting firm Watson Wyatt, the number of large employers that offer only defined contribution/401(k) plans—and not traditional pension plans—is way up. In 2005, 36 percent of Fortune 100 companies offered 401(k) plans only (not in combination with a traditional pension plan), up from 25 percent in 2004 and 17 […]

News Flash: Employer Jailed Following Investigation Of Pension Plan

Russell Crawford, the former owner of Valley Building Materials in Canoga Park, was ordered to spend six months in jail plus 10 months of home confinement for embezzling more than $700,000 from employee pension plans. Following a joint investigation by the U.S. Department of Labor and the FBI, Crawford reportedly admitted draining the company’s profit […]

News Notes: Court Says Flu Was A Serious Health Condition Under FMLA

  A federal appeals court has ruled that an AT&T account representative who suffered from a bad case of the flu was entitled to FMLA leave because she was unable to work for more than three days and was treated twice. Kimberly Miller sued after she was disciplined and ultimately fired for excessive absenteeism. Although […]

E-Alert Item: Labor Department Unveils New Website For Disability Awareness

The U.S. Department of Labor has launched http://www.disabilityinfo.gov/, a new online resource to promote disability awareness. The site is a collaborative effort across multiple federal agencies and includes information on employment, health care and other topics. It contains a resource section for employers, with guidance on legal responsibilities regarding disabled employees and applicants and links to […]