Author: Dan Oswald

Which came first—the people or the culture?

There is a lot written about the advantages of chemistry and great company culture, but what really are those things? A company is a social organization with rules that govern the relationships between people and among groups. There is a division of activity, and there is agreement regarding certain obligations of the various parties. This […]

Breaking up is hard to do

Litigation Value: David Wallace, get your metaphorical wallet out. You’ve got settlement checks to write for Erin ($2,500-$5,000 for sexual harassment and potentially a lot more for invasion of privacy), Pete ($5,000-$10,000 for sex discrimination and a touch of IIED), and Alice (the weakest claim, but still worth $1,000 or so for nuisance value). What […]

Personal liability of managers for workplace harassment

By Marisa Victor and Lydia de Guzman Canadian employers, like those in the United States, are required to deal effectively with sexual harassment in the workplace. But managers have usually been personally liable only in the worst cases. A new decision may signal a change in this. The Human Rights Tribunal of Ontario decision in […]

Keeping the boom going: Baby boomers continue strong hold on workforce

Today’s workers are likely to celebrate their 65th birthdays with a cake and a short gathering of coworkers in the break room – not with a big retirement party complete with the awarding of a gold watch. Retirement has taken on a new look, and employers must be ready for that trend to continue. The […]

My wife made me do it

by Mark I. Schickman People often complain that California employment law is bizarre. My colleagues around the country call our judges “fruits and nuts.” To the contrary, however, while our legislature is farther left than most states’ legislatures and our juries are more profligate than most, our appellate courts are relatively centrist. The award for […]

Employer faces sex bias case after manager’s comments about choosing work over family

by Rich Voelbel Work-life balance is a reality that most employers have come to accept. Employees have children, and occasionally, they need to take days off to care for them when they are sick. While managers may not always like the fact that their employees have to miss work, as the case below demonstrates, it’s […]

Recent EEOC settlements and enforcement actions

by Cynthia Ozger-Pascu  The Equal Employment Opportunity Commission (EEOC) is continuing its aggressive pursuit of sexual harassment and discrimination claims through systemic enforcement actions. EEOC settles long-standing sexual harassment suit On January 9, the EEOC announced a $2.5 million settlement with Burger King Corporation regarding sexual harassment allegations on behalf of 89 female employees. The […]

Maternity, paternity leave and ‘sensitive situation’ bring up FMLA questions

The Family and Medical Leave Act (FMLA) can be a headache for HR since the law applies to so many situations. Recently, questions regarding the timing of maternity and paternity leave as well as the need for FMLA paperwork for an employee’s “sensitive situation” were put to a group of attorneys well-versed in employment law. […]

Tennessee Senate OK’s ‘guns in parking lots’ bill

Legislation giving handgun carry permit holders the right to keep guns in their vehicles in public parking lots, including their employer’s parking lot, passed the Tennessee Senate Monday evening, 28-5. The bill, which will go to the House Civil Justice Subcommittee Wednesday afternoon, would give civil immunity to employers for deaths, injuries, or damage involving […]

Admitting you have a problem is the first step in fixing the problem

There’s a very powerful scene from the first episode of the television series The Newsroom, which debuted on HBO last year. In the scene, the news anchor, played by Jeff Daniels, is a member of a panel that sits before a large auditorium filled with adults of various ages. A young woman from the crowd […]