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Stevens’ Departure Won’t Change High Court’s Approach to Workplace Issues
by By J. Robert Brame, McGuireWoods, LLP U.S. Supreme Court Justice John Paul Stevens has announced he will retire at the end of the current Court session in June or July. Stevens, who turns 90 on April 20 and is the longest-serving member of the current Court, had hinted that a decision on retirement might […]
News Notes: Employers Continue To Be Targeted
Discrimination lawsuits doubled between 1992 and 1996, according to a new report from the U.S. Courts’ Administrative Office. And the problem is likely to get worse. In May, we reported that employers paid record amounts to the Equal Employment Opportunity Commission (EEOC) over the last few years. Now top EEOC lawyers have promised to step […]
News Notes: New OSHA Web Site Encourages Worker Complaints
Employees can now use the Internet to file health and safety complaints, thanks to a new Fed/OSHA Web site focusing on workers’ rights. The new electronic complaint filing system, which makes it easier for employees to air their grievances, could bring a flood of new workplace investigations since the agency says that it will forward […]
Short Takes: Background Checks
A criminal background check on a new employee has revealed that the employee has a warrant for his arrest (drunk driving). The warrant does not appear to have been resolved. Can we discuss this matter with the employee? If so, and if the employee indicates that the matter has been resolved in the courts, can […]
Is Executive Comp ‘Obscenely High’ or Just ‘Embarrassingly High’?
By BLR Founder and CEO Bob Brady Just My E-Pinion In the past 2 years, executive comp has been battered as never before. From the general public to Congress—and don’t forget shareholders—there is increased scrutiny over the amount of compensation and its relation to results. High compensation—some would say obscenely high—is what attracts and keeps […]
Providing Accommodations with the Assistance of Job Descriptions
Do you use job descriptions when deciding on what accommodation – if any – can be offered to an employee with a disability? To meet your ADA requirements, it’s important to use the interactive process outlined in ADA regulations and to use job descriptions as an essential part of the process. ADA Requirements: What Accommodation […]
Compensation: Court of Appeals Upholds Living Wage Ordinance Affecting L.A.-Based Hotel Workers
Employers can restrict use of company email for union activities
The National Labor Relations Board (NLRB) has ruled 3-2 that an employer didn’t violate federal labor relations law by having a policy that barred employees from using the company’s email system for union activities and other non-job-related solicitations. Employers have basic property rights to regulate and restrict the use of company property, including an email […]
News Notes: Ninth Circuit Says Title VII Claims May Be Arbitrated
Several years ago, the federal Ninth Circuit Court of Appeals ruled that mandatory arbitration agreements are unenforceable for discrimination claims brought under Title VII, the federal anti-bias law. But the court has now called this ruling into question. In a new case, the court found that Circuit City employee Monir Najd had to arbitrate […]