Practical HR Tips, News & Advice. Updated Daily.
Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]
The term “supervisor” is not to be taken lightly when determining the scope of employer liability in employment discrimination claims, according to the U.S. Supreme Court. On June 24, the court held in a 5-4 decision that an employee is a “supervisor” under Title VII of the Civil Rights Act only if he or she […]
The U.S. Supreme Court is now weighing arguments in a case with important ramifications for the many employers that have been accused of retaliation — or who fear being accused of retaliation — when they discipline or fire an employee. For workers, the case raises questions about the strength and scope of Title VII’s anti-retaliation […]
Clear plan document terms in ERISA group health plans are the best defense against legal claims asserting broad equitable remedies, the U.S. Supreme Court reinforced in an April 16 decision. In its holding, the Court affirmed that equitable theories, such as make-whole, common fund, unjust enrichment and double-recovery doctrines should not be allowed to override […]
SCOTUS Case that Changed the Rules This change in the rules of retaliation was the result of a landmark Supreme Court case, Burlington Northern and Santa Fe Railway Co v. White 126 S. CT. 2405 (2006), says Cotham. Here’s her outline of the famous case: Ms. White drove a forklift for Burlington, the railroad company. […]
This morning, the U.S. Supreme Court upheld the Affordable Care Act (ACA) individual mandate provision. The individual mandate provision requires most Americans to obtain health insurance by 2014 or pay a penalty.
Legality of Accessing Personal Devices Your company can manage the risks associated with BYOD by adopting policies and agreements that fit your risk tolerance, trust assessment, and regulatory context, says Chapman, who is an associate with DiMuroGinsberg in Alexandria, Virginia and a contributor to Virginia Employment Law Letter. However, she adds, the only way to […]
As the U.S. Supreme Court decides the fate of health reform, America is getting the chance to try the law on for size while waiting for the people in the robes to say how much of it will remain in effect. Some employers are probably soft-pedaling implementation – they don’t like the law much anyway, […]
Retaliation is now the leading basis for charges against employers, and it remains the stupidest of all charges. Stupid because most retaliation charges can be avoided if managers and supervisors just think before they act.
Oswald, who is CEO of BLR, offered his thoughts on collaboration and control in a recent edition of The Oswald Letter. The definition of control is, “the power to influence or direct people’s behavior or the course of events.” Think about those words for a minute. Let’s start with the first four words of the […]