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Judge halts EEOC lawsuit, citing ‘obstinate’ refusal to cooperate

by Amanda Jones Title VII of the Civil Rights Act of 1964 mandates that after the Equal Employment Opportunity Commission (EEOC) has investigated a charge of discrimination and determined there’s reasonable cause to believe the claim is true, it must try to negotiate a settlement with the employer through a conciliation process before filing a […]

Appealing Employment Tribunal Decisions May Be Easier

McCarthy Tetrault A recent decision by the Supreme Court of Canada may make it easier for employees and employers to appeal decisions of administrative agencies to the courts. In Canada, and from an HR perspective, such agencies include labor boards, labor arbitrators, human rights tribunals, pay equity tribunals, and employment standards adjudicators. Imagine an employee […]

United Airlines Forks Out $850,000 in Disability Bias Settlement

An $850,000 settlement was recently announced between United Airlines and the San Francisco office of the Equal Employment Opportunity Commission (EEOC), the proceeds of which will be paid out to a class of United’s disabled employees. The settlement resolves a case filed by the EEOC alleging that United’s overtime policies disproportionately denied disabled employees opportunities […]

News Notes: IBM Agrees To Partly Settle Pension Lawsuit

IBM will pay $320 million to current and former employees in partial settlement of a long-running class action lawsuit charging that the company’s conversion of its traditional pension plan to a cash-balance plan illegally discriminated against older workers. Under the settlement terms, IBM’s additional liability, which is under consideration by a federal judge, will be […]

Reminder: Sexual Harassment Training is Mandatory in California

California is one of only three states in the country that require mandatory sexual harassment prevention training for supervisors. Of those three—Connecticut and Maine are the other two—the rules for California employers are the most detailed. Failure to adequately train supervisors can become evidence in a lawsuit that an employer hasn’t taken “all reasonable and […]

Memorandum Extends Benefits to Same-Sex Partners of Executive Branch Employees

On Wednesday, President Barack Obama signed a federal memorandum requiring executive agencies to extend to same-sex partners the employment benefits equivalent to those granted to opposite-sex partners. The memorandum expands benefits previously provided to same-sex partners in an executive memorandum signed last October and is the latest in a handful of government moves to preserve […]

Employment Law Tip: Administrative Exemption Quick Checklist

Here’s a quick checklist to help you determine if an employee qualifies under the administrative exemption to the overtime laws. Your administrative employee is probably exempt in California only if you answer yes to all of the following: Does the employee perform office or nonmanual work directly related to management policies or to the general […]

Franchisee group calls ruling on Seattle wage law discriminatory

Franchisers in Seattle are faced with phasing in the city’s $15-an-hour minimum wage more quickly than they had hoped now that the U.S. 9th Circuit Court of Appeals has rejected their bid to be classified as small businesses, a decision the franchisers call discriminatory. In 2014, Seattle passed a minimum wage law that requires employers […]

A Tool to Track Jan. 1 State Employment Law Changes

Jan. 1 is the effective date for new employment law in many states. Here’s a widely used tool to help you keep up with the changes. As of this week, if you allowed smoking in your company’s lobby or stairwells, you can’t anymore, if you operate in California. As of this week, if you operate […]

Hot List: New York Times Bestselling Paperback Business Books

The following is a list of the bestselling paperback business books as ranked by the New York Times on November 8. 1. The Tipping Point: How Little Things Can Make a Big Difference by Malcolm Gladwell. How and why certain products and ideas become fads. 2. Too Big to Fail: The Inside Story of How […]