Tag: litigation

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 […]

Green Thumb, Brown Nose

“The Garden Party” episode was light on employment litigation but heavy on workplace psychology. Poor Gabe. His capacity for humiliation knows no limits. I wasn’t sure he could sink lower than his public dumping at the hands of Erin last season, but then we witnessed his repeated sycophantic toasts of Robert California. Sad, right? Maybe […]

Michael May Be Gone — But His Emails Go On!

Counting down the weeks until the new season of The Office starts. Tonight’s rerun episode — “Dwight K. Schrute, (Acting) Manager” — was first covered by my Office (and office) mate Jaclyn West; check it out, it’s a great read (http://blogs.hrhero.com/thatswhatshesaid/2011/05/14/straight-shooter/). Poking around The Office website on nbc.com, I came across a web exclusive: a […]

Shine: Using Brain Science to Get the Best from Your People

Employment law attorney Michael Maslanka reviews Shine: Using Brain Science to Get the Best from Your People by Edward M. Hallowell and finds it offers good advice on finding a dream that matches your talents. In Shine: Using Brain Science to Get the Best from Your People, Edward M. Hallowell offers some counterintuitive advice: “Taken […]

Paycheck Fairness Act Update and Other Compensation Concerns

by David S. Fortney, Fortney & Scott, LLC Well-counseled employers know their company’s compensation systems increasingly are subject to enforcement actions and litigation challenges. The trend of employers facing significant challenges to their compensation systems is both continuing and accelerating. Recent developments include renewed efforts by the White House to enact legislation to increase employers’ […]