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The first case, Meacham v. Knolls Atomic Power Laboratory, involved an employer’s decision to lay off 31 employees, 30 of whom were age 40 or older. The workers sued, claiming the layoffs had a disparate impact on older workers in violation of the Age Discrimination in Employment Act (ADEA). The employer claimed it based its […]
Update: E-verify deadline moved to September 2009 On June 6, President George W. Bush issued an executive order requiring all federal government contractors to use E-Verify to verify the work authorization of all new hires and existing personnel assigned to perform work on future federal contracts. The amended Executive Order 12989 states: “Adherence to the […]
The U.S. Supreme Court has ruled in separate decisions that retaliation is prohibited under two federal discrimination statutes that don’t clearly say so — 42 U.S.C. § 1981 and the federal-sector provisions of the Age Discrimination in Employment Act (ADEA). CBOCS West, Inc. v. Humphries In the first case, a Cracker Barrel assistant manager sued […]
The U.S. Supreme Court has ruled on the definition of a “charge” of age discrimination under the Age Discrimination in Employment Act (ADEA). Under the ADEA, an employee is required to file a “charge” with the U.S. Equal Employment Opportunity Commission (EEOC) before the dispute is escalated to court. But the term “charge” is not […]
Update: New FMLA regs issued by DOL on November 14, 2008 When Congress amended the Family and Medical Leave Act (FMLA) to grant additional leave entitlements to certain employees with family members in the military, its heart was in the right place. After all, who can argue against that type of leave? Unfortunately for employers, […]
The U.S. Supreme Court has completed its review of a key Kansas age discrimination case, settling a split between federal courts on the admissibility of “me too” evidence. “Me too” evidence is testimony by non-parties that alleges discrimination at the hands of persons who played no part in the challenged employment decision. In the present […]
In a case that could have far-reaching consequences for employers and employees alike, the U.S. Supreme Court ruled on Wednesday, February 20, 2008, that the Employee Retirement Income Security Act (ERISA) allows an employee to sue his employer because of a fiduciary breach that resulted in individual losses to his 401(k) plan. James LaRue says […]
After many years of promising changes to the Family and Medical Leave Act (FMLA) regulations, the U.S. Department of Labor (DOL) last week issued new proposed regulations in an attempt to address some of the most common criticisms employers have about the previously issued final FMLA regulations. (You can view the proposed regulations at www.HRhero.com/fmla_update.pdf.) […]
Update: New FMLA regulations issued by DOL on November 14, 2008 The recently enacted military family leave grants two new types of Family and Medical Leave Act (FMLA) leave to the relatives of military personnel. In short, the law requires employers to provide: 12 weeks of leave to employees who have a spouse, parent, or […]
The National Labor Relations Board (NLRB) has ruled that employers can prohibit employees from using company e-mail to send union-related messages while allowing some personal use of e-mail. In a 3-2 decision dated December 16 but released December 21, the NLRB majority ruled that the e-mail policy of Eugene, Oregon, newspaper The Register-Guard wasn’t a […]