Practical HR Tips, News & Advice. Updated Daily.
by Tammy Binford A May 23 U.S. Supreme Court ruling clears up questions about how long employees have to file constructive discharge claims, and the decision likely means more pressure for employers potentially facing such lawsuits. In Green v. Brennan, the Court ruled 7-1 that a U.S. Postal Service employee in Englewood, Colorado, filed a […]
by Whitney Brown Earlier this year, the Equal Employment Opportunity Commission (EEOC) released its Proposed Enforcement Guidance on Retaliation and Related Issues, which follows on the heels of the Occupational Safety and Health Administration’s (OSHA) November 2015 proposed guidance Protecting Whistleblowers: Recommended Practices for Employers for Preventing and Addressing Retaliation. Here’s an overview of both […]
By Brian J. Kurtz, JD, FordHarrison LLP
by Judith E. Kramer The first Monday in October (October 5) marked the beginning of the U.S. Supreme Court’s new term. While during the course of the 2015-2016 term the Court could agree to hear additional cases, these are the labor and employment cases currently on the docket, as well as a case involving affirmative […]
by Burton J. Fishman In a ruling that could make workplace investigations at unionized facilities all but impossible, the National Labor Relations Board (NLRB) reversed a 37-year-old precedent that protected employees from retaliation. Under the prior Anheuser-Busch standard, employers did not have to hand over witness statements, particularly from employees, to unions in discipline cases. […]
A Texas oil field construction and services company will pay $30,000 to settle an EEOC retaliation lawsuit after the company fired its only female roustabout, Elma Garza, after she reported being sexually harassed on the job. Garza was hired by the company in January 2012 as a dump truck driver, and spent most of her […]
by Michael J. Modl Imagine you employ Rajesh Tank, an employee of Indian descent, as a regional VP. Other employees report that Tank engaged in unprofessional conduct that hurt team morale, showed favoritism toward certain employees, and pressured employees to hire a particular contractor. You investigate the allegations, find some truth to them, order Tank […]
by Mark I. Schickman For the past month, the most interesting show in San Francisco has been the trial of Ellen Pao’s sexual harassment and sex discrimination case against investment firm Kleiner Perkins. Pao, who engaged in a sexual relationship with a Kleiner Perkins partner early in her career, claims that the firm is a […]
by Kylie Crawford TenBrook According to a 2012 Stanford University sociology study, 10 percent of people meet their spouses at work. Coworker dating is common. Unfortunately, not all relationships end well, and when they don’t, employers can face harassment and retaliation claims. Although most businesses have no rules about office relationships, now may be the […]
by Jeffrey A. Gruen The Occupational Safety and Health Administration (OSHA) will now refer all untimely retaliation claims to the National Labor Relations Board (NLRB) to determine whether an employer engaged in an unfair labor practice (ULP) under the National Labor Relations Act (NLRA). Background On March 6, 2014, David Michaels, OSHA’s assistant secretary of […]