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Employers need to be ready for new California law on same-sex harassment

by Tara K. Clancy and Kristine W. Hanson A new California law means employees who file same-sex harassment cases should have an easier time getting relief from the courts. Senate Bill (SB) 292, which was signed into law in August and takes effect in January, means employees don’t have to have evidence that sexual desire […]

‘Honest Suspicion’ of FMLA Abuse Justifies Firing, Courts Rule

A multibillion-dollar corporation that hired a private investigator to combat excessive employee absenteeism and suspected FMLA abuse withstood an interference and retaliation claim by a fired factory worker in a case brought before the 7th U.S. Circuit Court of Appeals. The case is Scruggs v. Carrier Corp., No. 11-3420 (Aug. 3, 2012). Daryl Scruggs, who […]

Releases You Can Rely On

By Donovan Plomp McCarthy Tetrault Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway. That’s exactly what Douglas L. Titus did to his former employer — and he won at the trial level. […]

We’re Sued—What to Do, How to Avoid It

In yesterday’s Advisor, we offered tips from attorney Stephen Harris on what to do when threatened with legal action. Today, we’ll look at Harris’s steps after initial fact-finding, plus an introduction to a unique tool to help with all your policy-making needs. Harris, of the law firm Wiggin & Dana in Hartford, Connecticut, delivered his […]

Wal-Mart Faces Class of 1.5 Million; Your Suit Won’t Be That Big

Wal-Mart is poised to defend against a wage-related suit that could have as many as 1.5 million class members. Your suit won’t be as big, but do you think it’s a good reminder to review your exempt/nonexempt classifications? Here, from BLR’s experts, are explanations of many of the trickiest classification questions: Executive Secretary An executive […]

Money Worries: How to Ease Employees’ Stress

by Sarah McAdams Nearly three-quarters of employees are stressed about money — and 45% say their financial worries make it harder for them to do their jobs, according to a Workplace Options survey. Current predictions about the economy surely won’t improve matters. “The key source of people’s money stress is far deeper than where to […]

Disability Bias: It’s Now Harder for You to Prove an Employee Poses a Direct Threat to Safety

In July 2002, we reported on a U.S. Supreme Court ruling that an employer can defend against a disability discrimination claim by showing the individual poses a direct threat-that is, a significant risk to the health and safety of the individual or others that can’t be eliminated by reasonable accommodation. Now, in a new development […]

Top 10 List: Why Supervisors Do NOT Need Basic Legal Training

Please don’t read this list literally! Vermont employment law attorney Jeffrey Nolan with Dinse, Knapp & McAndrew had his tongue firmly planted in cheek when he first shared this list with listeners during a national audio presentation on performance evaluations earlier today. Conference attendees asked us to send them a copy, and we thought you’d […]

FLSA Claims Continue to Rise

In 2010, there was a 10 percent increase from 2009 in wage and hour collective- and class-action cases under the Fair Labor Standards Act (FLSA). “Collective” and “class” actions are lawsuits with multiple plaintiffs filed by employees who perform substantially the same job. The number of wage and hour cases began to climb as a […]