Tag: litigation

Independent contractor model survives Lyft settlement

Lyft, a ride-hailing service that uses independent contractors as drivers, has agreed to settle a proposed class action lawsuit in California by paying $12.25 million and giving drivers certain protections, but the settlement doesn’t call on the company to reclassify its drivers as employees. The larger ride-hailing service Uber also is facing court action. The […]

Keeping it real: litigation insights from ‘Making a Murderer’

It’s mid-January, and I’m sitting in my office writing this post while snow falls outside. (Yes, we get snow in South Carolina and, yes, it terrifies us.) The snow, however, reminds me of the frozen northern Wisconsin landscapes featured in my latest binge-watching favorite, Netflix’s Making a Murderer.  If you’ve not seen it yet, Making a Murderer […]

EEOC ‘cause’ finding may be harmful but doesn’t mean an automatic loss

by Deanna L. Forbush Equal Employment Opportunity Commission (EEOC) investigations typically end when the EEOC issues a notice of dismissal and right-to-sue letter granting the charging party 90 days to file a lawsuit under one or more of the federal statutes the agency enforces—Title VII of the Civil Rights Act of 1964, the Age Discrimination […]

#damonsplaining — Matt Damon can do it, but you can’t

Actor Matt Damon sure has had an up and down past few weeks. First, Damon made some questionable comments on HBO’s Project Greenlight, a documentary developed by Damon himself (along with some famous friends including buddy Ben Affleck) focusing on first-time filmmakers being given the chance to direct a feature film. When African-American producer Effie […]

Unwelcome encore: managing investigations to survive ensuing litigation

by Jeff Sloan The classic Yogi-ism―”It ain’t over ’til it’s over”―has special significance for employment investigations. An investigation can lead not only to discipline against a perpetrator but also to litigation by the victim―or even the perpetrator―against the investigator or the employer. In either of those unsavory situations, the investigator or HR manager may be […]

Same-sex partners of state employees will keep benefits

by Dinita L. James In a bit of housecleaning after its landmark rulings in two same-sex marriage cases on Wednesday, the U.S. Supreme Court decided Thursday not to hear an Arizona case that was one of 10 others that had been awaiting action raising similar issues. The Court’s action is significant to employees of state […]

EEOC Discrimination Disputes Cost Employers More than $400 Million in 2012

Employers paid more than $400 million to resolve discrimination cases filed with the U.S. Equal Employment Opportunity Commission in fiscal 2012, according to data released by the agency Jan. 28. Among private-sector workers, retaliation, race and sex discrimination, respectively, were the most common discrimination charges. Other highlights from the EEOC’s fiscal 2012 statistical summary: 99,412 […]

Supreme Court ruling bolsters use of mandatory arbitration

by Charles S. Plumb Employers requiring employees to submit disputes to mandatory arbitration rather than filing a lawsuit got a boost from a November 26 U.S. Supreme Court ruling in an Oklahoma case. In the case, two employees of Nitro-Lift, a provider of services to oil and gas well operators, left their jobs to work […]

NLRB’s Decision to Hold Vote on Quicker Elections Drawing Fire

The National Labor Relations Board (NLRB) has decided to hold a vote on November 30 on portions of a controversial proposal that would speed up union elections. That decision is sparking outrage among foes of the measure. “This announcement confirms what we’ve suspected all along: the Obama NLRB is determined to impose a flawed rule […]