Tag: lawsuits

Don’t Count those Chickens Just Yet: Case Reborn after Dismissal

In the following case, a procedural error resulted in the dismissal of two employees’ claims against their employer. However, one of the employees saw her case revived after the other employee abandoned her claim while the issue was being appealed.

Employee Fails at Thinking Outside the Bun in Suit Against Taco Bell

Taco Bell permits employees to buy a reduced-price meal but requires them to eat the meal in the restaurant. Does that turn what would otherwise be an unpaid meal break into paid time? No, according to a recent decision from the U.S. 9th Circuit Court of Appeals (whose rulings apply to all California employers).

leadership

When Can You Say No to Religious Garb in the Workplace?

If your employee’s religious clothing poses a potential safety risk, you can tell them to not wear it, right? Though that might seem logical from a safety perspective, managers need to concern themselves with a discrimination and compliance perspective as well. As is so often the case, the matter is complicated, and some consideration of […]

Severance

So, You Think You Have a Strong Severance Agreement?

It’s no secret that a severance agreement can be an effective risk-management tool.  When done right, the separation agreement will forever bar legal claims by the employee who signs it. The question is: do you do yours right? 

#MeToo Takeaways from the Case of Bikram Choudhury

Over the Memorial Day weekend, I listened to a five-part ESPN 30 for 30 podcast series entitled Bikram. The series discussed the rise and fall of yoga guru Bikram Choudhury. As an occasional practitioner of Choudhury’s method of yoga, I was somewhat familiar with the accusations of sexual misconduct made against him that ultimately resulted […]

Hey HR, Are You Taking Risk Management Seriously?

You know that funny feeling you get in your gut when you leave the house thinking you forgot something? That exact feeling hit me earlier in my career when our company launched a division in a completely unfamiliar industry.

immigration

Releasing Information to ICE Can Land You in Hot Water—Just Ask Motel 6

For the second time in recent months, the popular budget motel chain Motel 6 finds itself on the defensive after a federal lawsuit filed in Phoenix, Arizona, accused the chain of volunteering guests’ personal information to U.S. Immigration and Customs Enforcement (ICE) agents, leading to the detention and deportation of guests.

Sexual Harassment

Supervisory Status Key in Assessing Liability in Sexual Harassment Cases

The U.S. 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently affirmed a lower court’s decision to dismiss an employee’s same-sex sexual harassment claim after determining that the supervisor lacked the ability to take tangible employment action against the employee.

pay stub

Pay Stub Headaches: Penalties for Noncompliant Wage Statements Can Add Up

Issuing inaccurate or incomplete itemized wage statements, also known as “pay stubs,” can result in significant liability for employers. California law requires employers to provide specific information in pay stubs and imposes significant penalties on employers that fail to follow those requirements.