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Supreme Court favors employer in donning, doffing case

The U.S. Supreme Court has ruled in favor of the employer in a closely watched donning and doffing case. The high court ruled on January 27 that U.S. Steel Corp. did not have to pay a group of employees for time spent changing into and out of certain protective gear. In Sandifer v. U.S. Steel […]

Age Bias Suits: Worker Called “Old Timer” And Replaced By Young Trainee Wins $1.64 Million In Arbitration; What You Should-And Shouldn’t-Do

These days, it seems any time you terminate a worker 40 or over, you risk being hit with an age bias lawsuit. And, if you haven’t handled the termination by the book, you could get hammered with a big judgment. A recent steep arbitration award to an older employee who claimed he was illegally pressured […]

Take Time to Recognize Accomplishments In 2017

I’ve said before on these pages that I don’t do a great job of celebrating our company’s successes. It seems that as we achieve a goal, I immediately look to the next opportunity or focus on a problem area that needs attention when I should be recognizing and congratulating everyone involved in our success.

‘Liking’ Facebook Post About Employer Is Protected Concerted Activity, Says NLRB

The National Labor Relations Board ruled that “liking” a Facebook post criticizing an employer’s business practices constituted protected concerted activity for one restaurant employee, making his resulting termination unlawful. The Board also found violations in a number of the company’s other actions, including interrogating employees about the Facebook posts, threatening legal action and maintaining an […]

Calculating Damages from Misappropriation of Confidential Information

By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]

Happy Hour with Dunder Mifflin

Litigation Value: < $10,000 to settle the claims from Kevin’s inappropriate behavior; $50,000 in attorneys’ fees to deal with the ICE investigation for hiring an undocumented worker; potential untold damages for negligent hiring and retention if the friendly former surgeon later hurts someone like he did at his last employer. This week, Oscar wants to spend more […]

Face your setbacks and come out a survivor

by Dan Oswald The 2007 book Lone Survivor tells the true story of a failed Navy SEAL mission in Afghanistan from the viewpoint of the only person who survived, Marcus Luttrell. The book—and later a film of the same title—recounts the details of a mission gone wrong and the battle for survival. Here’s the definition […]