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Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities […]
Pension plan sponsors that offer to “cash out or annuitize benefits” for former employees would have to report this to the U.S. Pension Benefit Guaranty Corp., the agency has proposed. In a routine information-collection change request to the Office of Management and Budget posted Sept. 23 (79 Fed. Reg. 56831), PBGC said it intends to […]
By Kathy Kreps, JD, Porter Wright Morris & Arthur LLP
By Zachary D. Morahan, Coughlin & Gerhart, LLP “Prevailing wages” are the premium wage rates paid to employees who perform labor on a “public” project, often a construction or highway project. Employers in the construction trade know all too well that the failure to pay the correct prevailing wage can have dire consequences, regardless of […]
Beginning August 1, federal contractors must use the new VETS-4212 report to provide information to the U.S. Department of Labor’s (DOL) Veterans’ Employment and Training Service (VETS) about their affirmative action efforts in employing veterans. The VETS-4212 report replaces the VETS-100 and VETS-100A forms required by the regulations implementing the Vietnam Era Veterans’ Readjustment Assistance […]
To bring a discrimination claim, a trainee with a disability needs only show that she was qualified to participate in the job training; she doesn’t need to prove that she was qualified for prospective job, the 6th U.S. Circuit Court of appeals ruled Aug. 8. The case, Rosebrough v. Buckeye Valley High School, involved Tammy […]
Over the last few weeks, several multimillion-dollar race and national origin settlements and verdicts have hit the headlines. The recent developments—all involving cases brought by the U.S. Equal Employment Opportunity Commission (EEOC)—serve as reminders to all employers of the need to train managers on preventing workplace bias and to respond promptly and effectively to employee […]
In yesterday’s Advisor, we covered several common legal but stupid actions that managers think are smart. Today, we’ll hit a few more, and we’ll take a look at a unique HR audit system that ferrets out stupid moves before the feds do. (Go here for legal but stupid moves 1 through 3.) 4. Auto-Deducting for […]
McCarthy Tetrault Q. When a company holds a social outing for employees and alcohol is served, what are the legal risks? How can potential liability be minimized? A. Parties and other social events provide employers with an opportunity to reward employees and let them interact with coworkers outside of the office. Unfortunately, they also create […]