Practical HR Tips, News & Advice. Updated Daily.
Many small-business owners both administer and participate in pension plans covered by the Employee Retirement and Income Security Act (ERISA). But the courts have been split as to whether business owners qualify as participants under ERISA and are entitled to the same legal protections as employees, including protection from creditors in the event of bankruptcy. […]
The U.S. Supreme Court has declined to review a Ninth Circuit ruling upholding a San Francisco ordinance requiring contractors to provide domestic partner benefits. The case involved S.D. Myers Inc., an Ohio company that was denied a city contract because it refused to provide its employees with domestic partner benefits. The company unsuccessfully charged that […]
The U.S. Supreme Court will decide whether age-neutral policies violate the Age Discrimination in Employment Act (ADEA) if they adversely impact older workers. The federal appeal courts are split as to whether “disparate impact” claims—which allege that a neutral policy or practice had an adverse, although unintentional, impact on a protected group—are permitted under the […]
Courts have long acknowledged the validity of reverse discrimination cases when gender or race is concerned. But the validity of a reverse age bias claim has been less clear. In particular, could a worker in the over-40 protected class bring an age discrimination lawsuit if an older employee was favored at work? According to a […]
The U.S. Supreme Court has declined to review two recent rulings from the Ninth Circuit Court of Appeal regarding mandatory arbitration agreements used by Circuit City Stores Inc. And here in California yet another new arbitration ruling has recently been issued.
We reported in September on a federal appeal court ruling that Xerox Corp.’s pension plan improperly calculated lump-sum distributions from cash balance retirement accounts, resulting in lower benefits for certain employees who left the company between 1990 and 1999. Now Xerox has agreed to pay $239 million to settle the lawsuit, ending speculation over whether […]
By agreeing to review the case of Pennsylvania State Police v. Nancy Drew Suders, the Supreme Court will now determine whether employers will face the same liability in these situations as they do for supervisor harassment. We’ll keep an eye on the court and give you a thorough analysis of its decision when it becomes […]
Those cases include General Dynamics Land Systems Inc. v. Cline, where the high court will consider whether the federal age-bias law permits employees over age 40 to sue because other workers also over age 40 were treated more favorably based on age. In Raytheon Co. v. Hernandez, the justices will decide whether the Americans with […]
In July 2002, we reported on a U.S. Supreme Court ruling that an employer can defend against a disability discrimination claim by showing the individual poses a direct threat-that is, a significant risk to the health and safety of the individual or others that can’t be eliminated by reasonable accommodation. Now, in a new development […]
Caesars Palace in Las Vegas employed Catharina Costa as a warehouse worker and heavy-equipment operator. She was the only woman in this job and in her local Team- sters bargaining unit. Eventually, Costa was fired after an altercation with a male co-worker.When Costa sued for sex discrimination, Caesars contended her termination stemmed from Costa’s lengthy […]