Practical HR Tips, News & Advice. Updated Daily.
When an arbitration agreement is silent about whether class actions are permitted, it is up to an arbitrator to interpret the agreement to decide whether a claim can go forward as a class action, according to a new U.S. Supreme Court ruling.Although the mandatory arbitration agreement in this case involved a home loan, the high […]
Regardless of whether your workplace has a formal diversity policy, it’s often hard to determine how and when race can be used as a criterion for hiring decisions. Two major new U.S. Supreme Court decisions offer some guidance. Although the cases deal with university admissions rather than workplace hiring, the court set out standards for […]
Last year, the U.S. Supreme Court ruled an employee could sue for bias based only on incidents that occurred within the time period for filing a lawsuit. Now the Ninth Circuit has taken this decision one step further, declaring that employees cannot sue over employment decisions that occurred outside of the limitations period, even if […]
Could sexual orientation protections be required in your workplace? The U.S. Supreme Court’s decision in Lawrence v. Texas, which struck down a state law prohibiting sodomy, could have sweeping implications for employers. Although many protections are already available to California employees, the court’s broad language suggests that gay employees may now enjoy more protections under […]
The U.S. Supreme Court has ruled that wage and hour cases filed in state court under the federal Fair Labor Standards Act can be moved to federal court at an employer’s request. Employers might prefer to have a case heard in federal court for a number of reasons, including the higher standard applied to jury verdicts. […]
Deborah Wells was a bookkeeper for Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and about 12 employees. When Wells was terminated, she sued the clinic under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. Join […]
Federal lawmakers are currently debating a variety of bills that could affect the workplace. Here’s a rundown of what’s on the table.
The U.S. Supreme Court will take up several workplace-related cases this year. In one, the court will review a Ninth Circuit ruling regarding the type of evidence a terminated employee can use to prove job discrimination when an employer has both legitimate and illegal reasons for the discharge. Other cases on the court’s docket involve […]
The federal Equal Employment Opportunity Commission has updated its enforcement guidance concerning reasonable accommodation and undue hardship under the Americans with Disabilities Act. The revisions stem from a recent U.S. Supreme Court ruling that it is unreasonable for an employer to have to reassign a disabled employee if doing so would violate a seniority system, […]
Suppose a nightclub waitress complains to her employer that male customers often grope her. Her employer ignores her reports, turning a blind eye to the customers’ actions. Can the waitress sue the employer for workplace harassment? A California Court of Appeal recently faced this issue and—in a controversial opinion that may not hold up—has decided […]