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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 […]
Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]
If the individual mandate under health care reform is struck down, it will render the employer mandate meaningless, the American Benefits Council (ABC) argues in an amicus brief to the U.S. Supreme Court. ABC does not argue about the constitutionality of the individual mandate; instead it says that it is non-severable from the law’s insurance […]
Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to be carefully drafted and managed say the attorneys. If they are not, employees probably can keep the money and still sue you. Anderson, a member of Miller & Martin PLLC in Nashville, Tennessee, and Maxwell, […]
There’s good news (sort of) and bad news for employers in the outlook for 2012, say attorneys from the Employers Counsel Network. They covered new developments in wage/hour compliance during a presentation at BLR’s Advanced Employment Issues Symposium, held recently in Nashville and Las Vegas.
The Supreme Court today agreed to hear a Fair Labor Standards Act case to decide if drug company reps should qualify for the outside sales exemption. Specifically, Christopher v. SmithKline Beecham Corp. is about whether pharmaceutical sales reps working more than 40 hours in a week are eligible for overtime under the FLSA. A key question […]
Before terminating or taking any other adverse action against an employee, employers must consider not only whether the employee is in a protected category, but also whether the employee’s friends or family are, too. Lawsuits alleging discrimination or retaliation by association appear to be on the rise, an attorney warned attendees at the Society for Human Resource […]
In a ruling that will make it more difficult for employees to mount massive class action lawsuits against employers, the U.S. Supreme Court has reversed class certification previously granted to 1.5 million female Wal-Mart employees alleging sex discrimination against the retail chain. Overturning a 9th U.S. Circuit Court of Appeals opinion, the Court found that […]
In a very positive development for employers, the U.S. Supreme Court has unanimously dismissed the massive class action lawsuit against Wal-Mart. The lawsuit claimed that the organization systematically paid women less and did not provide equal opportunity for advancement.