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As many employers who’ve been sued know, even if you winan employee lawsuit, you still lose because the cost of defense is so high. For example, in a recent case Mark Gordon, a Chico police officer, sued the city of Chico for sexual orientation discrimination. After the case resulted in a mistrial, Gordon dropped his […]
Email has made it easier than ever for plaintiffs’ attorneys to discover wrongdoing and prove liability, an expert said today at the Society for Human Resource Management’s annual conference in Las Vegas. “The ‘e’ in email is for ‘eternal evidence,’” said Mindy H. Chapman, Esq., president of Chicago-based training firm Mindy Chapman & Associates LLC. A company that has 1,000 employees, each of […]
Utah’s constitutional amendment banning same-sex marriage suffered another blow in a June 25 ruling from the U.S. 10th Circuit Court of Appeals, and that ruling makes it likely that the issue of same-sex marriage will go before the U.S. Supreme Court. The 10th Circuit’s decision upheld a December 2013 federal district court ruling that struck […]
The U.S. Department of Labor has announced two sizable overtime settlements with Southern California employers. VCI Telecom Inc., an Upland telecommunications company, has agreed to pay $1,074,375 to settle charges levied by the DOL for not paying overtime to 227 employees. And flooring and tile company Lambard Inc., based in Ontario, will fork over $228,156 […]
The California Family Rights Act (CFRA) entitles eligible employees to take up to 12 weeks of leave in a 12-month period to recover from their own serious health condition, among other things. But what if an employee takes more than 12 weeks of leave? The California Court of Appeal recently answered that critical question.
Update (April 13, 2012): The deadline for submitted comments about the proposed rule change has been extended until April 30, 2012 The U.S. Department of Labor (DOL) is proposing a rule change that would affect how employers calculate leave time under the Family and Medical Leave Act (FMLA) and how employees are to be reinstated […]
Before each term, the U.S. Supreme Court identifies the cases it will hear in that term. While the Court has identified only three cases directly involving claims under various federal labor and employment statutes, in an additional four cases, the Court’s decisions are likely to have a significant effect on the rights and practices of […]
In yesterday’s Advisor, we covered the first six of Attorney Barbara Meister Cummins’ Top 10 least desirable quotes from managers. Today, 7 through 10, plus we’ll introduce a unique 10-minute training program. Cummins, principal of the Law Offices of Barbara Meister Cummins in New York City, offered her Top 10 at a Human Resources Association […]
Most employers perform some form of background screening on prospective employees. Often, this is conducted as a condition of the job offer. The candidate proceeds through the hiring process and is made a conditional offer, and the offer proceeds if nothing negative is discovered through the screening process.
There has been much research about the effects—whether conscious or unconscious—of certain “indicators” on a job applicant’s résumé. For example, having certain “ethnically identifying” names can lower an applicant’s chances at a job.